Tuesday, 3 Oct 2023

Written Answers Nos. 363-377

Departmental Bodies

Questions (363)

Ivana Bacik

Question:

363. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will report on the appointment of all CEOs to bodies under the remit of his Department in 2020, 2021, 2022 and to date in 2023, in tabular form; the reason for the departure of each appointee's predecessor; whether it was a retirement or not; the date of departure of each appointee's predecessor; the date of advertisement of each vacancy; the date on which an offer and acceptance was made in respect of each vacancy; the date on which each appointee took up their position; the length of time during which each acting CEO was in situ, where relevant; his views on the adequacy of existing practices, in terms of good practice, governance and succession planning; and if he will make a statement on the matter. [42354/23]

Written answers

Minister for Housing, Local Government and Heritage

The requested information for the time period in question in respect of the State bodies under the aegis of my Department, as extant on 3 October 2023, is as set out in the attached document.

In respect of the non-commercial State bodies under the aegis of my Department, the appointment of Chief Executive Officers (CEOs) is governed by the provisions of the Guidelines for Appointments of CEOs of Non-Commercial State Bodies (Department of Public Expenditure and Reform, April 2019). I am satisfied that these guidelines constitute good practice both generally and in respect of governance and succession planning with regard to the CEO appointment process.

Appointment of CEOs to bodies

Data Protection

Questions (364)

Peadar Tóibín

Question:

364. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the number of data breaches experienced by his Department in each of the past ten years and to date in 2023. [42369/23]

Written answers

Minister for Housing, Local Government and Heritage

The General Data Protection Regulation (GDPR) came into force on 25 May 2018. In January 2018, my Department appointed a Data Protection Officer as required under Article 37 GDPR and subsequently established a Data Protection Unit.

The table below sets out the number of data breaches recorded by my Department since the introduction of the GDPR. All breaches were dealt with in line with the Department’s Data Breach Management Policy and as required under Articles 33-34 of the GDPR.

Year	Number of Data Breaches Recorded
2018	0
2019	12
2020	7
2021	10
2022	19
2023	11

Departmental Funding

Questions (365)

Catherine Murphy

Question:

365. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the capital and current funding that his Department has provided to Dublin Zoo in 2022 and to date in 2023, in tabular form. [42395/23]

Written answers

Minister for Housing, Local Government and Heritage

The National Parks and Wildlife Service (NPWS) of my Department has not provided any capital or current funding to Dublin Zoo in either 2022 or to date in 2023.

My Department has responsibility for the implementation of the European Communities (Licensing and Inspection of Zoos) Regulations 2003 (S.I. No. 440/2003) which deal with the inspection, licensing and regulation of zoos and aquaria. These Regulations transpose the EU Zoos Directive, giving effect in the national context to the EU Zoo Directive (Directive 1999/22/EC of 29 March 1999 of the Council of the European Union). The NPWS’s role is to ensure that the Zoos are operating in compliance with the above Regulations and my Department does not ordinarily provide funding to zoos.

Wildlife Protection

Questions (366)

Paul Murphy

Question:

366. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the reason that he only removed four out of 15 amber- and red-list birds from the open season order; and if he will urgently act to end the persecution of all threatened species. [42443/23]

Written answers

Minister for Housing, Local Government and Heritage

A public consultation of the Open Seasons Order (OSO) was carried out in early 2023, providing all interested stakeholders, and the general public with an opportunity to input their views on policy issues. NPWS subsequently engaged external expertise to review the c. 2,500 responses to the survey on the OSO, along with the outcome of the very productive stakeholder engagement meeting held in April 2023, and to develop recommendations arising from same.

In order to ensure that the hunting of the species on the open seasons order is sustainable, and in line with Ireland’s obligations to safeguard threatened bird species and the “principles of wise use” under the EU Birds Directive, I made a decision to amend the Open Seasons Order for the 2023/2024 season to remove scaup, pochard and goldeneye due to the great decline in their numbers in Ireland; over the period 1994/95 – 2019/20, estimated declines of 89%, 79% and 67% respectively have been recorded. Pintail, the fourth of the duck species was not retained because of the uncertainty around the effect of hunting this population due to its very small size, estimated to be 1,017 individuals. All other bird species and dates remain the same. My decision was based on consideration of the available scientific evidence, and with regard to the expert recommendations from the review of the public consultation.

The National Parks and Wildlife Service (NPWS) is committed to strengthening the evidence base, such as the collection of bag statistics and increased monitoring of relevant species, that informs decision making around the OSO.

National Parks and Wildlife Service

Questions (367)

Michael Ring

Question:

367. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage if he will arrange for officials to address an issue (details supplied); and if he will make a statement on the matter. [42496/23]

Written answers

Minister for Housing, Local Government and Heritage

The National Parks and Wildlife Service (NPWS) of my Department prioritises the ongoing management and eradication of invasive species as part of its conservation role, dedicating a significant level of its resources to these management activities each year.

Staff at the NPWS have surveyed the area around the property in question and have attempted to contact the individual in question to discuss their concerns and have been informed they are currently away. NPWS staff will attempt to make contact again.

Planning Issues

Questions (368)

Mattie McGrath

Question:

368. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if a change can be made to planning regulations for houses that were developed as holiday homes, that they can be bought now for full-time residential homes where the septic tank meets or can be adapted to meet regulations, given the ongoing housing crisis; and if he will make a statement on the matter. [42514/23]

Written answers

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

Under the Planning and Development Act, 2000, as amended (the Act), new development for use as a holiday home or homes requires planning permission.

It is considered that change of use of a permitted holiday home to a place of permanent residence would be a material change of use that requires planning permission.

If the owner of a holiday home proposes that the premises be used as place of permanent residence, they may lodge a planning application to the relevant planning authority for a change of use from holiday home to residential use. It is a matter for the planning authority to decide such applications on a case-by-case basis.

Holiday homes are often located in relatively more remote areas and/or may be on land which is specially zoned for such development in the Development Plan and/or Local Area Plan, e.g. a “resort” zoning. Different design layouts and standards may also be applied to holiday homes than to permanent residential development and the planning authority’s policies on rural housing may also apply differently to holiday homes than to permanent residential development, all of which the planning authority would have to consider, in addition to the local housing needs requirements policy as set out in the authority's Development Plan, when making a decision on a change of use application.

I have no plans to amend the existing provisions in this regard at this point in time.

Seanad Elections

Questions (369)

Holly Cairns

Question:

369. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if, in light of the Supreme Court ruling in March that the Seventh Amendment of the Constitution mandated the Houses of the Oireachtas to expand the franchise of university seats in the Seanad, he intends to introduce Seanad reform measures prior to the next Seanad Éireann election. [42580/23]

Written answers

Minister for Housing, Local Government and Heritage

In a judgment earlier this year 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 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. Following its consideration of these submissions the Court (on 26 July) further suspended the declaration of invalidity until 31 May 2025.

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

The Government's Legislation Programme for the Autumn Session contains a Seanad Electoral (University Members) (Amendment) Bill as legislation for priority drafting during this session. The Bill will provide for amendments to the 1937 Act following the Supreme Court judgments.

Departmental Data

Questions (370)

Ivana Bacik

Question:

370. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage to list the 'census towns' in the State, for the purposes of the Land Development Agency Act 2021, within which land owned by a relevant public body is liable to be registered by the Land Development Agency as relevant public land; and if he will make a statement on the matter. [42597/23]

Written answers

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

The LDA Act 2021 provides the definition for relevant public land. Part 1 S(5)(1) defines relevant public land, for the purpose of the Act as ‘all land within a census town owned by a relevant public body’. Under the LDA Act 2021, “relevant public body” means any of the following:

(a) a local authority;

(b) a person or body specified in Schedule 1 (in this Act referred to as a “Schedule 1 public body”);

(c) a person or body specified in Schedule 2 (in this Act referred to as a “Schedule 2 public body”).

Under Part 1 S(4) of the LDA Act, ‘census town means the area of a town (including all the environs of the town for the purpose of the census of population) the population of which, when rounded to the nearest 500 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 10,000, persons’.

The LDA has developed a Register of Relevant Lands which can be accessed on the LDA website as a public web-map showing all relevant public lands. This serves as a strategic mapping tool that shows the extent of relevant public lands. This will build understanding regarding the extent and locations of public lands, support spatial planning and urban rejuvenation as well as enhancing transparency regarding public lands interests. It is a requirement of the LDA Act 2021 that the Agency establish and maintain a register of all relevant public land and land owned by the agency or a subsidiary DAC, to be known as the Register of Relevant Public Lands ('the register'). The Report on Relevant Public Land 2023 is attached below for information.

Relevant Public Land

The 2016 census identified 48 towns of a population equal to or greater than 10,000 when rounded to the nearest 500 ranging from Dublin city (1,173,179) to Gorey (9,822). These 48 settlements are mapped in the register and listed below.

Looking to the future and the projected growth in population across the country, initial results from the 2022 census indicate that an additional 7 towns are expected to fall within the definition of a census town. These are listed below under "Potential Census Towns - Census 2022" and are subject to confirmation on full publication of the census and once CSO data is confirmed the Register will be updated.

Census Towns – 2016 Census

Dublin City

Cork City

Limerick City

Galway City

Waterford City

Drogheda, Co Louth

Dundalk, Co Louth

Swords, Co Dublin

Navan, Co Meath

Bray, Co Wicklow

Ennis, Co Clare

Carlow

Kilkenny, Co Kilkenny

Naas, Co Kildare

Tralee, Co Kerry

Newbridge, Co Kildare

Balbriggan, Co Dublin

Portlaoise, Co Laois

Athlone, Co Westmeath

Mullingar, Co Westmeath

Letterkenny, Co Donegal

Greystones-Delgany, Co Wicklow

Wexford, Co Wexford

Sligo, Co Sligo

Celbridge, Co Kildare

Malahide, Co Dublin

Clonmel, County Tipperary

Carrigaline, Co Cork

Maynooth, Co Kildare

Leixlip, Co Kildare

Ashbourne, Co Meath

Laytown-Bettystown-Mornington-Donacarney, Co Meath

Tullamore, Co Offaly

Killarney, Co Kerry

Cobh, Co Cork

Midleton, Co Cork

Mallow, Co Cork

Arklow, Co Wicklow

Castlebar, Co Mayo

Wicklow, Co Wicklow

Enniscorthy, Co Wexford

Cavan, Co Cavan

Gorey, Co Wexford

Tramore, Co Waterford

Longford, Co Longford

Rush, Co Dublin

Skerries, Co Dublin

Ballina, Co Mayo

Potential Additional Census Towns - Census 2022

Kildare, Co Kildare

Shannon, Co Clare

Dungarvan, Co Waterford

Ratoath, Co Meath

Athy, Co Kildare

Portmarnock, Co Dublin

Nenagh, Co Tipperary

Housing Policy

Questions (371)

Matt Carthy

Question:

371. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the supports available to individuals seeking to purchase log cabins as a primary residence; and if he will make a statement on the matter. [42643/23]

Written answers

Minister for Housing, Local Government and Heritage

A range of supports are available for persons who wish to purchase their primary residences. These include examples such as the First Home Scheme which has recently been extended to people building their own homes, the Vacant Property Refurbishment Grant, and the National Home Upgrade Energy Scheme.

These supports are not directed towards specific building types.

All new dwellings must comply with the building regulations, building control requirements and achieve a 60-year durability for all key elements.

National Parks and Wildlife Service

Questions (372)

John Brady

Question:

372. Deputy John Brady asked the Minister for Housing, Local Government and Heritage to provide details, including costs, of efforts to reduce and eliminate rhododendron ponticum from the Glen of the Downs Nature Reserve in County Wicklow; and if he will make a statement on the matter. [42676/23]

Written answers

Minister for Housing, Local Government and Heritage

The National Parks and Wildlife Service (NPWS) of my Department prioritises the ongoing management and eradication of invasive species as part of its conservation role, dedicating a significant level of its resources to these management activities each year.

Monitoring of invasive species at Glen of the Downs Nature Reserve in County Wicklow continues throughout the year. There has been no significant outbreak of rhododendron ponticum reported in the nature reserve.

The most recent contract for the control of invasive species in Glen of the Downs was for the control and removal of cherry laurel and clematis, at a cost of approximately €164k.

The species have not been eradicated completely from the site yet, but the project has already significantly transformed the structure of the woodland from a conservation viewpoint. This project is one of the many projects funded through the Conservation Measures Unit of the NPWS aimed at addressing the site specific conservation objectives of Special Areas of Conservation (SACs).

Ministerial Responsibilities

Questions (373)

Michael Fitzmaurice

Question:

373. Deputy Michael Fitzmaurice asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 336 of 26 September 2023, if he can confirm whether he or persons (details supplied) consulted with the Commission for Public Service Appointments prior to issuing said order; if so, if there is any documentation evidencing same; and if he will make a statement on the matter. [42684/23]

Written answers

Minister for Housing, Local Government and Heritage

I understand that my Department has been notified of potential legal proceedings. Accordingly, it would not be appropriate for me to comment at this time.

Housing Policy

Questions (374)

Michael Healy-Rae

Question:

374. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage his views on a matter (details supplied); and if he will make a statement on the matter. [42741/23]

Written answers

Minister for Housing, Local Government and Heritage

Housing for All is the Government’s plan to increase the supply of housing over the next decade. It includes unprecedented State investment of €4.5 billion per annum to facilitate the supply of housing at the substantial scale required to meet demand, including 54,000 affordable homes by 2030.

Greater supply is key to meeting demand and facilitating access to affordable housing. Supply is increasing and more homes are being built now than in the last generation. The substantial uplift in supply in 2022 looks set to continue in 2023, with some 30,000 new homes forecast to be delivered this year, while the level of new home commencements over the last eight months suggests the uplift can be sustained into 2024 and 2025.

At the same time, Housing for All is helping households by providing them with options they didn’t have when the plan was published 18 months ago, including through Help-to-Buy, the Local Authority Home Loan, Ready-to-Build, the Vacant Property Refurbishment Grant, and the First Home shared equity scheme.

I am confident the funding and actions already set out in Housing for All will deliver the supply of affordable housing required and assist those aspiring to purchase their own home to do so. Accordingly, I do not think it necessary at this time to introduce a further grant scheme.

Housing Provision

Questions (375)

Steven Matthews

Question:

375. 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. [42755/23]

Written answers

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

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. While the reasons for vacancy are often complex, the re-use and regeneration of vacant properties in cities, towns, villages and rural areas can provide much needed housing while also transforming areas and the communities living in them.

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 Programme and for properties to enter the compulsory acquisition process. The 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 by carrying out compulsory acquisitions under the Derelict Sites Act, 1990. 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 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. 

Each local authority will be required to collate data in relation to the properties entering the Programme and outcomes.  My Department will publish the relevant data in due course.

Wastewater Treatment

Questions (376)

Verona Murphy

Question:

376. Deputy Verona Murphy asked the Minister for Housing, Local Government and Heritage to provide an update on the status of the review on the domestic wastewater treatment system grant scheme; when the review is expected to be complete; when the review report and revised grant scheme will be published; and if he will make a statement on the matter. [42772/23]

Written answers

Minister for Housing, Local Government and Heritage

My Department provides financial support through the domestic waste water treatment system grant schemes to assist householders to carry out works to repair or upgrade defective septic tanks.

I can confirm that a review of the grant schemes has been recently completed by my Department. As part of the review, there was extensive consultation with stakeholders, including convening a workshop with local authority staff administering the grant. I expect to receive a submission soon for my consideration on changes that will to improve the grants available to households.

Wastewater Treatment

Questions (377)

Cathal Crowe

Question:

377. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage for an update on when he will announce the pilot scheme for unsewered villages. [42787/23]

Written answers

Minister for Housing, Local Government and Heritage

In April 2022, I announced a new funding measure, as an advance stage of the upcoming Multi-annual Rural Water Programme, for the waste water collection and treatment needs of villages and settlements that do not have access to public waste water services.

Funding of €50 million has been specifically allocated under the National Development Plan 2021-2030. The first round of funding is intended to follow a demonstration project model approach to inform future funding needs that will provide appropriate longer-term solutions.

All rural local authorities were asked to submit a maximum of two suitable priority applications each, for this funding measure. A total of 23 individual applications from 13 local authorities were received before the closing date of 15 September 2022.

An independent Expert Panel has critically evaluated each application received and I will confirm approval of funding for specific projects shortly.