Tuesday, 25 Jul 2023

Written Answers Nos. 604-625

Housing Schemes

Questions (604, 605, 606, 637)

Ivana Bacik

Question:

604. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the criteria for proving vacancy for the Croí Cónaithe scheme; and if he will make a statement on the matter. [36225/23]

Ivana Bacik

Question:

605. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the criteria for eligibility to apply for the Croí Cónaithe scheme; and if he will make a statement on the matter. [36226/23]

Ivana Bacik

Question:

606. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the number of applications for the Croí Cónaithe scheme, by local authority; the number of applications approved; the number of successful applications drawn down, in tabular form; and if he will make a statement on the matter. [36227/23]

Seán Sherlock

Question:

637. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the number of Croí Cónaithe grants 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. [36597/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 604, 605, 606 and 637 together.

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. 

In July 2022 the Vacant Property Refurbishment Grant was launched to support bringing vacant and derelict properties back into use. 

From 1 May 2023, a grant of up to a maximum of €50,000  is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent, including the conversion of a property which has not been used as residential heretofore, subject to appropriate planning permission being in place.

Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000. 

The grant is available in respect of vacant and derelict properties built up to and including 2007,  in towns, villages, cities and rural areas.

A maximum of two grants are available to any applicant, of which one must be in respect of a home they intend to occupy as their principal private residence and the other may be in respect of a property which will be made available for rent.

A property must be vacant for two years or more at the time of grant application and proof of vacancy is required to support grant applications. Proof of vacancy can be confirmed by the provision of utility bills, which can help determine vacancy periods (e.g. continuous and consistent low or zero electricity usage or disconnection for a period of two years), correspondence from ESB Networks confirming a date the electricity was cut off, a letter from an estate agent confirming the period of vacancy or a sworn affidavit from the previous owners confirming the length of vacancy. 

My Department publishes data on applications for the Vacant Property Refurbishment Grant on its website on a quarterly basis, which can be accessed at the following link: www.gov.ie/en/collection/4bbe4-vacant-property-refurbishment-grant-statistics/#:~:text=A%20grant%20of%20up%20to,property%20up%20to%20%E2%82%AC70%2C000 - Vacancy grant statistics

Question No. 605 answered with Question No. 604.

Question No. 606 answered with Question No. 604.

Defective Building Materials

Questions (607)

Michael Lowry

Question:

607. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage if he will provide an update on the introduction of a mica or pyrite redress scheme for households in County Tipperary; if a person (details supplied) will be able to obtain financial assistance through the mica or pyrite redress scheme; and if he will make a statement on the matter. [36228/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

I commenced the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (the Act) on 22 June 2023 which contains the enhanced grant scheme and adopted the related Regulations on 29 June 2023. The new scheme is now open to applications in four counties: Clare, Donegal, Limerick and Mayo with comprehensive information of all aspects of the Scheme available on my Department’s website at the following link: www.gov.ie/en/service/8002e-enhanced-defective-concrete-blocks-grant-scheme/.

Section 5 of the Act contains details on the process for the inclusion of additional local authority areas into the enhanced Defective Concrete Blocks (DCB) Grant Scheme. This statutory designation process can commence upon a request by a local authority or by myself, as Minister to the Housing Agency, and whereby the Agency thereafter carries out technical testing of dwellings in a given local authority administrative area. As soon as practicable after the completion of any testing, the Housing Agency shall make a recommendation to me whether an order to designate the whole or part of a local authority's administrative area should or should not be made by the Government.

My Department has engaged directly with Tipperary County Council on this issue. The formal process for the entry of a new local authority into the DCB scheme was set out. This engagement will continue and appropriate support will be given in regard to any application for an extension of the scheme to Tipperary.

Housing Policy

Questions (608)

Jim O'Callaghan

Question:

608. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will provide an update on the current status of the working group within his Department on out-of-mortgage housing being operated by housing associations; if he can provide any indication as to when a report will be completed; and if he will make a statement on the matter. [36278/23]

Written answers

Minister for Housing, Local Government and Heritage

I 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.  

Foreshore Issues

Questions (609, 610)

Catherine Connolly

Question:

609. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question Nos. 100 of 21 June and 73 of 6 July 2023, the sanctions in place for a failure to submit a consent application in accordance with the EC (Birds and Natural Habitats) Regulations 2011, in respect of the type of foreshore activity referenced in Marine Notice No. 40 of 2022 and in Marine Notice No. 36 of 2022; if any sanctions were applied in relation to the foreshore activity referenced; and if he will make a statement on the matter. [36291/23]

Catherine Connolly

Question:

610. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question Nos. 100 of 21 June and 73 of 6 July 2023, the details of any actions that have been taken on foot of the failure by a company (details supplied) to comply with the Ministerial consent obligations in accordance with the EC (Birds and Natural Habitats) Regulations 2011, in respect of the foreshore activity referenced in Marine Notice No. 40 of 2022 and in Marine Notice No. 36 of 2022; and if he will make a statement on the matter. [36292/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 609 and 610 together.

Under the EC (Birds and Natural Habitats) Regulations 2011, Ministerial Consents are required  where an activity is likely to have a significant effect on a European Site, have an adverse effect on the integrity of a European Site or cause the deterioration of natural habitats or the habitats of species or the disturbance of the species for which the European Site may be or has been designated pursuant to the Habitats Directive or has been classified pursuant to the Birds Directive. Failure to obtain the relevant consent is an offence under the legislation. A person who commits such an offence is liable, on a summary conviction, to a Class A fine or imprisonment for a term not exceeding six months, or both; or on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding three years, or both.

 In relation to the specific activity referred to in this question, the NPWS did not receive a consent application, however the company conducting the activity in question did engage with the NPWS regarding its obligations. In terms of this engagement, it was confirmed that the entire area, including survey area and cable route, was  outside of any Special Area of Conservation. Further, the company undertook at the time to carry out their survey activity in adherence to the “Guidance to Manage the Risk to Marine Mammals from Man-made Sound Sources in Irish Waters” guidelines as issued by the NPWS and committed to having a Marine Mammals Observer on board.  As such, no requirement for consent under the Regulations arose.

Question No. 610 answered with Question No. 609.

Housing Policy

Questions (611)

Brendan Griffin

Question:

611. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage when the new planning guidelines on one-off rural housing will be published (details supplied); and if he will make a statement on the matter. [36298/23]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

Updated Rural Housing Guidelines are currently being prepared by my Department. The updated guidelines will expand on National Policy Objective (NPO) 19 of the National Planning Framework (NPF), which makes a clear policy distinction between rural areas under urban influence (i.e. areas within the commuter catchment of cities, towns and centres of employment) on the one hand, and structurally weaker rural areas where population levels may be low or declining, on the other. 

NPO 19 is also aligned with the established approach whereby considerations of social (intrinsic part of the community) or economic (persons working full or part time) need are to be applied by planning authorities in rural areas under urban influence.

The draft Rural Housing Guidelines will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high level policy framework set by the NPF.  The guidelines will continue to allow county development plans to provide for housing in the countryside based on the considerations detailed in NPO 19 of the NPF, and will also highlight the need to manage development in certain areas, such as the areas around cities and larger towns and environmentally sensitive areas, in order to avoid over-development.

Due care is being taken to ensure the updated guidelines will not operate to conflict with fundamental EU freedoms, will comply with EU environmental legislative requirements and have due regard to decisions of the European Court of Justice. The draft planning guidelines will address these complex environmental and legal issues, while also providing a framework for the sustainable management of housing in rural areas. 

The draft guidelines are subject to legal review and Ministerial approval, following which it is intended that the draft guidelines will be published for a period of public consultation.

Question No. 612 answered with Question No. 559.

Rental Sector

Questions (613, 624, 625, 626, 628)

Paul Murphy

Question:

613. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he is aware that a Luxembourg-based corporate landlord (details supplied) is evicting multiple families with children from their homes in Applewood, Swords, despite the tenants paying their rent in full, due to the landlord's refusal to offer further part 4 tenancies, that one family member being evicted is recovering from cancer and that many of the properties are very poorly maintained; and if he will make a statement on the matter. [36383/23]

Paul Murphy

Question:

624. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will take any measures to protect families and children facing eviction who are not covered by the new rules of unlimited duration in Part 4: Tenancy, of the Residential Tenancies (Amendment) Act 2021, whose tenancy was created before 11 June 2022, and the landlord is now terminating the tenancy after six years. [36451/23]

Paul Murphy

Question:

625. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he is aware that since a corporation (details supplied) bought 47 homes in January 2020, the public areas of the main building have not been properly maintained and families and children are now living in slum conditions and are exposed to serious problems of anti-social behaviour; the steps he will take to ensure that these families and children live peacefully in a properly maintained environment; and if he will make a statement on the matter. [36452/23]

Paul Murphy

Question:

626. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will remove section 34 (b) of the Residential Tenancies (Amendment) Act 2021 as a matter of urgency to protect families against the actions of corporate landlords (details supplied), currently seeking to evict families and children from their homes; and if he will make a statement on the matter. [36453/23]

Paul Murphy

Question:

628. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the actions he will take to prevent five families and children (details supplied) from being evicted by a corporate landlord; and if he will make a statement on the matter. [36455/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 613, 624, 625, 626 and 628 together.

In accordance with both the Programme for Government and Housing for All commitments, the Government has provided for Tenancies of Unlimited Duration through the Residential Tenancies (Amendment) Act 2021. The Act was signed into law on 11 December 2021.

All new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than 6 months and no notice of termination has been validly served on the tenant. The aim is to enhance security of tenure for tenants and to simplify the operation of the Residential Tenancies Acts 2004-2022.

Section 34(b) of the Residential Tenancies Act 2004 was deleted by section 5 of the Residential Tenancies (Amendment) Act 2021. As existing Part 4/further Part 4 tenancies terminate/expire over time or are renewed, it will involve the creation of a new tenancy of unlimited duration in respect of any such rented dwelling. The Residential Tenancies (Amendment) Act 2021 also provides that a landlord may grant his or her consent to any existing tenancy being treated as a tenancy of unlimited duration.

Management Companies are regulated by the Multi-Unit Developments Act 2011, which comes under the remit of the Minister for Justice. Property management agents are regulated by the Property Services (Regulation) Act 2011. This Act also comes under the remit of the Minister for Justice. 

The minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, fire safety and the safety of gas, oil and electrical supplies. These Regulations apply to properties let or available to let. All landlords have a legal obligation to ensure that their rented properties comply with the standards set down in the Regulations.

Responsibility for the enforcement of the Housing (Standards for Rented Houses) Regulations 2019 in the private rental sector rests with the relevant local authority.  In this regard, tenants, who have not yet had their dwellings inspected to assess whether they meets these minimum requirements, may wish to contact their local authority, which in this case is Fingal County Council at [e-mail] or [phone] to request an inspection.

The Government is committed to ensuring that a stock of high quality accommodation is available for those who live in the private rented sector. A total of €9 million in Exchequer funding is being made available to local authorities this year to help them meet their private rental inspection targets. Last year local authorities conducted an all-time high of over 49,000 inspections of private rented dwellings.

Where a landlord has issued a notice of termination to a tenant, a number of measures have been introduced to support the acquisition of the property by the tenant or the local authority.

For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire at least 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property.   A landlord who has issued a Notice of Termination to a tenant in and is interested in selling the property to a local authority should contact the relevant local authority.

The Government has developed the ‘Cost Rental Tenant In-Situ’ scheme for tenants in private rental homes who are at risk of homelessness because a landlord intends to sell the property, but who are not in receipt of social housing supports and have net household income of no more than €53,000. Local Authorities refer those at risk to homelessness to the Housing Agency, which may acquire these homes with tenants in place using designated capital funding. This scheme has been established on a temporary administrative basis from 1 April, pending further policy development over the longer term with the intention of transitioning these tenants and homes to the standard Cost Rental model, potentially in partnership with Local Authorities or Approved Housing Bodies.

If a household wishes to purchase the property in which they are residing, the housing officer in the local authority can advise of the potential availability of the First Home Scheme. The First Home Scheme is a shared equity scheme designed to help bridge the gap between the applicant’s deposit and mortgage, and the price of the home. Further details can be found at www.firsthomescheme.ie . 

It may be appropriate in relevant cases to avail of the Local Authority Home Loan which is available for second-hand properties. It should be noted that the Home Loan and First Home Scheme are two distinct schemes and cannot be combined.

As set out in the Housing for All Action Plan Update (published in November 2022), my Department has commenced a comprehensive review of the private rental sector. This review will take into account the significant regulatory changes over the past several years in the residential rental market, and will report on how our housing system can be enhanced to provide an efficient, affordable, viable, safe and secure framework for both tenants and landlords.

This review will be essential in properly planning future policy for the residential rented sector including implementing measures to support both landlords and tenants.

To inform the review, my Department has a public consultation process underway. This began on 26 June 2023 and is open for submissions until 8 August 2023.  Further details are available at the following link:  www.gov.ie/en/consultation/ea0ea-public-consultation-review-of-the-private-residential-rental-sector/ .

Local Authorities

Questions (614, 615)

Holly Cairns

Question:

614. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the number of conservation officers employed to date; by local authority, in tabular form. [36391/23]

Holly Cairns

Question:

615. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage to provide a list of all local authorities which do not have a conservation officer on staff. [36392/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 614 and 615 together.

Under 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.

Question No. 615 answered with Question No. 614.

Public Sector Pay

Questions (616)

Holly Cairns

Question:

616. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if he will consider a review of the rate of pay for conservation officers; and if he will make a statement on the matter. [36393/23]

Written answers

Minister for Housing, Local Government and Heritage

The determination of public service payscales is primarily a matter for the Minister of Public Expenditure, NDP Delivery and Reform. 

In common with other public servants, the rate of pay for Conservation Rangers is determined within the framework of public service payscales that are negotiated and settled by the Minister of Public Expenditure, NDP Delivery and Reform and unions as part of pay talks that make up the public service pay agreements.  Any review of the Conservation Ranger rate of pay would be a matter for the Minister of Public Expenditure, NDP Delivery and Reform within that framework.  I understand that, under the extension of the Building Momentum: A New Public Service Agreement, Conservation Rangers will receive a 1.5% pay increase on 1 October 2023. 

Electoral Commission

Questions (617)

Holly Cairns

Question:

617. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the recruitment and appointment process undertaken for the CEO of the Electoral Commission. [36395/23]

Written answers

Minister for Housing, Local Government and Heritage

The Electoral Reform Act 2022 provided for the establishment of a statutory, independent Electoral Commission - An Coimisiún Toghcháin. The Act provides for the appointment and reappointment of the Chief Executive of An Coimisiún.  In December 2022, the Public Appointments Service (PAS) commenced an open  competition for the purpose of identifying and recommending a person suitable for appointment as Chief Executive of An Coimisiún. The running of the competition was a matter for PAS.

In May 2023, following the conclusion of the competition, PAS advised my Department of its recommendation that Mr. Art O’ Leary was suitable for appointment to the position.

On 30 May 2022, the Government appointed Mr. O'Leary as Chief Executive. The Government publicly announced the appointment at the time. Its press release can be viewed here: www.gov.ie/en/press-release/c62e9-art-oleary-appointed-as-chief-executive-of-an-coimisiun-toghchain/ 

Supreme Court Rulings

Questions (618)

Patrick Costello

Question:

618. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage for an update in relation to the Supreme Court ruling in the case brought by a person (details supplied); if options have been developed; the timeline for the reform of Seanad Éireann; and if he will make a statement on the matter. [36401/23]

Written answers

Minister for Housing, Local Government and Heritage

In a recent judgment, the Supreme Court determined that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937, which sets out the current legislative provisions governing the election of university senators to Seanad Éireann, 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. 

Following the principal judgement in the case, the Court invited submissions from the parties as to the length of time required to address the issues identified in the principal judgment. The Court has not yet ruled on this issue but is expected to do so before 31 July.

In order to respond fully to the Supreme Court judgment, my Department, along with the Office of the Attorney General, is currently considering the principal judgment with a view to preparing options for consideration by the Government. This work is being progressed as a matter of priority in my Department.

Electoral Process

Questions (619, 620, 621)

Patrick Costello

Question:

619. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage for an update on the research in relation to lowering the voting age to 16 years; and if he will make a statement on the matter. [36402/23]

Patrick Costello

Question:

620. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage his views on lowering the voting age to 16 years; and if he will make a statement on the matter. [36403/23]

Patrick Costello

Question:

621. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage for an update on the proposed debate on the Thirty-ninth Amendment of the Constitution (Right to Vote at 16) Bill 2021 (details supplied); and if he will make a statement on the matter. [36407/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 619, 620 and 621 together.

The Programme for Government – Our Shared Future - contains a specific commitment to "Examine the Scottish experience of reducing the voting age to 17, in order to draw conclusions" within the lifetime of the current Dáil.  The Programme for Government also committed to the establishment of a statutory, independent Electoral Commission.  This was established on the 9 February this year and is known as An Coimisiún Toghcháin.  Section 30(3) of Electoral Reform Act 2022 provides that An Coimisiún shall be independent in the performance of its functions under the Act..

Under Chapter 9 of Part 2 of the Act, An Coimisiún will conduct research on electoral policies and procedures with a view to making recommendations to the Minister and the Government as may be required from time to time.  In this context, section 64 of the Act provides that An Coimisiún may conduct research on electoral policy and procedures while section 65 provides that it shall prepare an annual research programme following consultation with the Joint Oireachtas Committee on Housing, Local Government and Heritage and the Minister for Housing, Local Government and Heritage.

Now that An Coimisiún has been established and is operational, I have written to An Coimisiún to request, among other matters, that the issue of reducing the age at which a person would be entitled to vote at elections and referendums held in the State be included in its first annual research programme which it will develop in line with the requirements of the 2022 Act.

The Thirty-ninth Amendment of the Constitution (Right to Vote at 16) Bill 2021 is a private members Bill sponsored by Deputy Thomas Pringle. The Bill was discussed in the Dáil on 23 June 2022 when it was agreed that the Bill be read a second time on 30 June 2023.

Any reform of our electoral laws in the future concerning the voting age will have regard to the outcome of any work carried out by An Coimisiún in due course.

Question No. 620 answered with Question No. 619.

Question No. 621 answered with Question No. 619.

Housing Policy

Questions (622)

Cian O'Callaghan

Question:

622. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will provide an update on the working group set up to examine the legacy issue of unsold affordable homes; and if he will make a statement on the matter. [36421/23]

Written answers

Minister for Housing, Local Government and Heritage (Deputy Darragh O'Brien)

In September 2020 I convened a working group to examine the issues around unsold affordable properties. The working group comprises members of the Local Government Sector, Housing Finance Agency, Housing Agency, Approved Housing Bodies through the Irish Council of Social Housing, and the Social Housing Leasing Section of my Department.

In progressing this examination, the working group has discussed a number of options to date. When the Group's work is finalised, they will make recommendations to my Department.

The working group is expected to meet again in September.

Water Services

Questions (623)

Éamon Ó Cuív

Question:

623. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when the multi-annual rural water programme, which was due in Q3 of 2022, will be published; the reason for the delay in publishing this programme, in view of the many rural areas that are awaiting a supply of water; and if he will make a statement on the matter. [36449/23]

Written answers

Minister for Housing, Local Government and Heritage

I can confirm that my Department is in the final stages of completing comprehensive Framework documentation to support the application process for the upcoming Multi-annual Rural Water Programme.  Extensive engagement with stakeholders, including a Rural Water Working Group made up of key stakeholders in the Sector, was a valuable and necessary requirement to allow my Department finalise this work. 

I expect to receive a submission soon for my consideration setting out the details of each of the funding measures of the programme.  Subject to approval, local authorities will then be invited to submit applications for funding for specific priority projects in their areas.  An independent Expert Panel, set up for the task, will consider each valid application and make recommendations for funding.

Question No. 624 answered with Question No. 613.

Question No. 625 answered with Question No. 613.