Written Answers Nos. 328-346
328. Deputy Alan Kelly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media further to Parliamentary Question Nos. 327 and 328 of 23 January 2024, if she will list the hotels referenced in the PQs that are now closed and/or deregistered, by county and whether closed and/or deregistered, in tabular form. [7866/24]
View answerMy Department's role in relation to tourism lies primarily in the area of national tourism policy and implementation of that policy is a matter for the tourism agencies, Fáilte Ireland and Tourism Ireland, as well as certain other bodies.
The matter raised by the Deputy is an operational matter for Fáilte Ireland who manage the register of hotels for the country. Accordingly, I have referred this question to that agency for direct response to the Deputy. Please advise my private office if you do not receive a reply within ten working days.
I am advised that Fáilte Ireland replied to the Deputy on Parliamentary Question Nos. 327 and 328 on the 13th of February 2024.
329. Deputy Niall Collins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if a drawdown (details supplied) can be expedited as a delay is being experienced in the Chief State Solicitor’s Office; and if she will make a statement on the matter. [7966/24]
View answerThe process referred to by the Deputy is in respect of significant grant funding to an organisation under the Sports Capital and Equipment Programme [SCEP].
In accordance with the terms and conditions of the SCEP, in view of the scale of grant funding in this case, it is necessary to put in place a number of legal protections to best safeguard the public investment in the facility. The Chief State Solicitor's Office (CSSO) has, on behalf of the Department, been engaging with the grantee’s solicitor in this regard. In accordance with the Rules of the Law Society, where matters are in the hands of legal representatives, any issue regarding the progress of the matter should be raised by the organisation's solicitor directly with the CSSO.
Once the CSSO has confirmed that all legal formalities have been completed, there will be no undue delay on my Department’s part in progressing the grant.
330. Deputy Fergus O'Dowd asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if he will address a matter raised in correspondence (details supplied); and if she will make a statement on the matter. [7995/24]
View answerThe local media sector plays an essential role in sharing reliable and relevant news and bringing communities together. The wider media sector in Ireland, which is a vital element of our democracy and society as a whole, is undergoing fundamental change. This is in part due to the increased digitalisation of news and media content generally and the associated decline in advertising revenue as a consequence.
The Report of the Future of Media Commission examined the challenges faced by the media sector, including the local media sector, and consequent impact on the provision of public service content. The Report made a number of recommendations to counter these challenges and to support the provision of public service content.
One recommendation made by the Future of Media Commission was the establishment of a new Media Fund to provide support for the provision of public service content by the wider media and journalism sector at local, regional and national levels on a platform neutral basis. The Media Fund is being established on an administrative basis, with the Local Democracy and Courts Reporting Schemes being prioritised for implementation by Coimisiún na Meán, with €6m allocated in Budget 2024 for this purpose. Members of the local media sector, including free newspapers, will be eligible to apply for funding subject to meeting the eligibility criteria set out by Coimisiún na Meán.
A process of engagement with the European Commission regarding State Aid has now concluded and I am advised that given the nature of the schemes, they can be implemented without prior State Aid clearance. In terms of next steps, it is expected that Coimisiún na Meán will carry out stakeholder consultation on the detailed design of the schemes and once the schemes are finalised, will run a call for applications for both schemes. Further details on the timelines for roll-out of the schemes will be made available by Coimisiún na Meán in due course.
My officials have consulted with representatives from the free newspaper sector as part of the high level policy development process for the schemes. My officials will continue to engage with these members and indeed with all stakeholders to keep them informed of developments on this matter.
331. Deputy Brendan Griffin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media for her assistance with a matter (details supplied); and if she will make a statement on the matter. [8015/24]
View answerThis application referred to by the Deputy is currently being processed by my officials and a decision regarding same is expected to be issued in the coming weeks.
332. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if consideration has been given to providing flexibility on the deadline for hedge management activities, given challenging weather conditions in recent weeks; and if he will make a statement on the matter. [7834/24]
View answer333. Deputy Peter Burke asked the Minister for Housing, Local Government and Heritage if he will extend the tree/hedge cutting deadline which is due to expire shortly. [8004/24]
View answerI propose to take Questions Nos. 332 and 333 together.
The dates for the cutting of hedges are set down in primary legislation. Section 40 of the Wildlife Act prohibits the cutting of vegetation, with certain strict exemptions, from 1 March to 31 August.
There is provision in the legislation for certain exemptions in respect of cutting vegetation in the ordinary course of agriculture or forestry, for health and safety reasons, the destruction of noxious weeds and for cutting roadside hedges for road safety reasons.
As the dates are set out in primary legislation, I have no power or discretion to vary these dates. The season may only be extended by primary legislation enacted by the Oireachtas.
334. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of times the discretionary top-up for HAP payments was used in 2023, and to date in 2024 in County Wicklow broken down by municipal district; the average percentage amount of this top-up per district; and if he will make a statement on the matter. [7458/24]
View answer335. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of persons from each municipal district in County Wicklow that are currently in receipt of a HAP payment; and if he will make a statement on the matter. [7459/24]
View answerI propose to take Questions Nos. 334 and 335 together.
The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.
Since July 2022, each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and for new tenancies to extend the couple’s rate to single persons households. Discretion can be increased up to 50% above the prescribed maximum rent limits for Homeless HAP tenancies in Dublin. It should be noted that it is a matter for the local authority to determine whether the application of the flexibility is warranted on a case-by-case basis and also the level of discretion applied in each case.
The latest data available covers the period up to end Q3 2023. The table below provides a breakdown of the total number of active HAP tenancies at the end of Q3 2023, including the number of households in receipt of discretion and the average discretionary increase paid, for each of the municipal districts in County Wicklow.
|
Municipal Area |
Active Tenancies at end Q3 2023 |
No. of tenancies that received discretion |
Average Discretion Rate |
|
Arklow |
576 |
214 |
18% |
|
Baltinglass |
171 |
60 |
19% |
|
Bray |
207 |
107 |
20% |
|
Greystones |
118 |
64 |
21% |
|
Wicklow |
347 |
153 |
19% |
|
Other* |
96 |
67 |
20% |
*inter-authority movements, whilst the tenant is registered with Wicklow, the tenancy is outside of the county.
336. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of 18-24 year-olds that presented as homeless in County Wicklow in 2023 and to date in 2024; and if he will make a statement on the matter. [7460/24]
View answer337. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of 18-24 year olds in local authority emergency accommodation in County Wicklow; and if he will make a statement on the matter. [7461/24]
View answerI propose to take Questions Nos. 336 and 337 together.
My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual local authorities.
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 local authorities. These reports are based on data provided by local 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 December 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/.
In line with commitments made in both the Programme for Government and Housing for All, my Department published a national Youth Homelessness Strategy in November 2022. The Strategy aims to help young people aged 18 – 24 who are homeless or at risk of becoming homeless. It sets out 27 key actions to prevent youth homelessness; improve the experiences of young people accessing emergency accommodation; and assist young people in exiting homelessness. A Steering Group has been established to drive the delivery of all the actions contained within the Strategy. An integrated, whole-of-Government approach was deployed in developing the Strategy and a similar approach is now being taken in implementing its actions, with a multitude of key stakeholders playing a vital role in addressing the fundamental issues arising in addressing youth homelessness.
338. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of council owned housing stock that have been brought to a BER rating level of B2 or above by year, in tabular form for 2022 and 2023. [7462/24]
View answer339. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of council owned housing stock in County Wicklow that currently have a BER rating level below B2; and if he will make a statement on the matter. [7463/24]
View answerI propose to take Questions Nos. 338 and 339 together.
Since 2013, Exchequer funding has been provided through my Department's Energy Efficiency Retrofit Programme (EERP) to support local authorities with the retrofit of local authority owned homes requiring insulation and energy upgrade works. Over the period 2013 to the end of 2023, local authorities received over €308 million in funding to carry out energy upgrade works on over 79,000 properties.
In 2021 a new holistic approach was applied to the Energy Efficient Retrofit Programme (EERP), designed around the Programme for Government's commitment led by the Department for the Environment, Climate and Communications that calls for the 'retrofit' of 500,000 homes to a B2 (BER)/Cost Optimal Equivalent standard by 2030, of which, approximately 36,500 are expected to be local authority owned homes, with grant funding provided by my Department for those local authority housing retrofits.
Works eligible under my Department's revised EERP include attic/cavity wall insulation or external wall insulation where required, windows and doors replacement, heat pump installation and ancillary and associated works.
An annualised breakdown of the total funding provided and the number of properties upgraded under the Energy Efficiency Retrofit programme for the years 2013-2023 is available on my Department's website at the following link:
www.gov.ie/en/publication/668c1-energy-efficiency-retrofitting-programme-expenditure-output/.
My Department also introduced a pilot Midlands Energy Retrofit Programme in 2020, the details of which are found below. A further 674 properties were retrofitted to a BER of B2/ Cost Optimal Equivalent and these figures are in addition to the National Retrofit Programme.
www.gov.ie/en/publication/b86b3-midlands-energy-retrofit-programme-expenditure-and-units/#.
The 2024 EERP budget provides an increase in funding support to €90 million. Further details in relation to the programme including allocations will be announced shortly.
Separately, details in relation to the number of properties that fall below the B2 BER rating should be available upon request from the local authority.
340. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if he is aware of the new practice with the land registry whereby if a change of deeds form is submitted incorrectly, when the form is returned to the solicitor the section which requires correcting is no longer identified, and thus slows down the process; and if he will make a statement on the matter. [7484/24]
View answerTailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provides a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.
I understand from Tailte Éireann that, the grounds which give rise to rejection of applications for registration have not changed and that Tailte Éireann has discussed the recent internal process change, in regard to rejection of applications which are not in order to be registered, with the Law Society Conveyancing Committee.
Tailte Éireann has indicated that the significant number of poor quality applications that continue to be lodged has led to a substantial administrative burden for Tailte Éireann. This has resulted in resources being utilised which could be better spent in the public interest by reducing processing times for all applications in order.
Tailte Éireann has also indicated that the change in process involves the rejection of an application once any significant error is discovered which will prevent registration of the application. When the first error that amounts to grounds for rejection is discovered, the application is rejected without further examination. This approach improves efficiency in the processing of applications which are not in order to proceed, to the benefit of all applicants awaiting registration.
Regarding the issue raised that the reason for rejection is not being provided, I understand from Tailte Éireann that the error will be specified in correspondence to the lodging party and no further examination of the application will be undertaken. A checklist, and a mapping checklist if appropriate, will be enclosed with the rejection letter. The lodging party will be advised to ensure that the application meets all of the requirements on the checklist prior to re-lodgement.
The responsibility for ensuring the accuracy of an application for registration rests with the applicant, or their solicitor. The function of Tailte Éireann is to register applications that are in order to proceed.
It is important to note that Tailte Éireann is not an advisory body. The lodging party should ensure the application is fully and accurately completed before lodging. This is in the best interests of all concerned, as applications which are not in order result in delays in registration for all applicants.
Further information may be obtained by Oireachtas members by contacting the dedicated e-mail address in respect of Tailte Éireann at reps@tailte.ie.
341. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage to provide clarity on the residency eligibility criteria for the local authority home loan scheme for non-EEA/EU applicants where underwriters for local authorities are operating on a five-year residency requirement; to state where this five year requirement is contained in the Housing Loans Regulations S.I. No 701, and if he will examine a case (details supplied). [7488/24]
View answerThe Local Authority Home Loan 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 Housing Loans Regulations 2021 state that each of the persons making the application has a right to reside in the state. The Credit Policy, which is made in accordance with the provisions of Section 5 of the Housing (Miscellaneous Provisions) Act 2009, provides further guidance on the application of the Local Authority Home Loan. The Credit Policy requires that as part of the eligibility criteria for the Local Authority Home Loan, applicants must currently have a legal right to reside and work in the State. For Non-EEA/EU citizens, applicants must be legally resident in Ireland for a period of 5 years or have leave to remain extending to permit 5 years reckonable residence or have indefinite leave to remain in the state.
Decisions on individual applications are a matter for the local authority.
342. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage to outline the situation with respect to local authorities or the Housing Agency purchasing homes for tenants who have received eviction notices but where property management fees remain associated with the property in question; and if he will make a statement on the matter. [7500/24]
View answerUnder Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).
Social Housing is delivered through a range of local authority and Approved Housing Body (AHB) delivery programmes across the build, acquisition and lease delivery streams.
For 2023, Government agreed an increased provision for social housing acquisitions and my Department provided funding local authorities to acquire at least 1,500 social homes. The additional acquisitions have focused particularly on properties where a tenant is in receipt of social housing supports and has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter in March 2023, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023.
Local authorities have delegated sanction in relation to these acquisitions, subject to those acquisitions being within Acquisition Cost Guidelines issued by the Department. An independent valuation must also be obtained for each acquisition, in line with established practice for local authorities for social housing acquisitions. The current Acquisition Cost Guidelines (ACGs) were updated and issued to local authorities in April 2023. These guidelines are reviewed and updated as appropriate by my Department usually on an annual basis.
Local authorities will work with all social housing supported tenants who receive a Notice of Termination and offer the available supports, which may include a tenant in situ acquisition or support to obtain an alternative tenancy, including a HAP-supported tenancy or an allocation to local authority stock. It is a matter for individual local authorities to identify suitable acquisitions in line with local circumstances and their social housing allocations policy.
The Government has developed the Cost Rental Tenant In-Situ (CRTiS) 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. The scheme was established on a temporary administrative basis from 1 April 2023 and is managed by the Housing Agency, pending further policy development over the longer term, with the intention of transitioning these tenants and homes to the standard Cost Rental model. I am informed that the Housing Agency are engaging with more than 130 landlords across all Local Authority areas, with a view to the purchase of those homes.
My Department does not hold data relating to the purchase of properties where maintenance fees are in operation, further information may be available from individual local authorities or through the Approved Housing Body Regulatory Authority (AHBRA) which is an independent regulatory authority. However, 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 AHBRA is: oireachtasqueries@ahbregulator.ie.
My Department publishes comprehensive programme level statistics on a quarterly basis on social and affordable housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority, including completed acquisitions. From 2023, this data includes a breakdown of acquisitions completed by each local authority where a Notice of Termination issued to a tenant and is available, for all local authorities, to the end of Quarter 3 2023 on the statistics page of my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision.
343. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 228 of 8 February 2024, if he has the power to appoint an independent, competent and appropriate person to enquire into the issue and report back to him directly on the issues (details supplied); and if he will make a statement on the matter. [7529/24]
View answerIn considering this matter it is in the first instance necessary to have regard to the relevant legislation to determine if the legislation makes adequate provisions for the issue at hand. In that regard, the Local Government Act 2001 (as amended) provides the elected members of a local authority with the statutory responsibility, power and functions to determine matters such as this. Under the 2001 Act, the chief executive of a local authority is accountable to the elected council. The Act provides the elected council with the appropriate powers and functions to obtain any information necessary from the chief executive in relation to the issue, and to examine the allegations made in this case. On that basis, it would be entirely inappropriate and premature for me to become involved in the matter in circumstances in which the elected council, to which the chief executive is answerable and accountable, has not, it appears as of yet, made a decision to or exercised any of the functions or powers available to it under the Act in relation to this issue.
344. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage if Tailte Éireann is subject to any criminal investigation by the fraud squad at the moment for a total of nine allegations against them including fraudulent concealment and misrepresentation. [7552/24]
View answerTailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provides a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.
I understand from Tailte Éireann that, as of 14 February 2024, they have not been made aware by An Garda Síochána of any current criminal investigation in connection with the matters raised. Tailte Éireann has indicated that it will cooperate with any request received from An Garda Síochána in the course of any investigation.
Registration of all applications on the Land Register is effected in accordance with the relevant legislation including the Tailte Éireann Act 2022, the Registration of Title Act 1964, the Registration of Deeds and Title Act 2006, the Land and Conveyancing Law Reform Act 2009, which falls under the remit of my colleague, the Minister for Justice, and also in accordance with Land Registration Rules 2012-2021.
I understand from Tailte Éireann that, if an application is lodged for registration, and the application is in order, Tailte Éireann is obliged to register in accordance with the documents lodged and current legislation governing land ownership and conveyancing in Ireland.
It is important to note that the matters raised may be appropriate to the Department of Justice or the Law Reform Commission, or in the case where the applicable legislation refers to the Central Bank Act, it may be a matter for my colleague, the Minister for Finance.
345. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he is aware that the rule that a cost rental should not exceed 35% of net income is rendering some persons in Dublin ineligible for both cost rental and ineligible for social housing; and whether this necessitates some changes in the terms of access for support in order that no one is excluded. [7582/24]
View answerCost Rental is a form of rental tenure designed to assist a cohort of renters who face significant affordability challenges meeting high rents in the private sector and who are not eligible for social housing support. The core principle of Cost Rental is that the rents cover the development, management, and maintenance costs of the homes, so that the long-term future of the homes is financially secure, but that rents are not subject to the pressures of the open market. Unlike market-driven rents, Cost Rental prices only increase in line with consumer inflation, providing stability while meeting ongoing expenses. Additionally, Cost Rental homes offer long-term, secure tenancies regulated by the Affordable Housing Act 2021.
The primary eligibility condition for accessing Cost Rental housing is a maximum net annual household income (less income tax, PRSI, USC, and superannuation contributions). This was originally set, for the whole country, in December 2021 at €53,000, these limits were adjusted to €66,000 in Dublin and €59,000 elsewhere in August 2023, acknowledging changing economic circumstances.
All Cost Rental properties must be leased to a tenant whose household falls within the above prescribed eligibility conditions, but because rents must cover costs on an ongoing basis, a landlord must be confident that a prospective tenant can be expected to pay the rent every month over the long term. Therefore, under the current legislation, a Cost Rental landlord has final discretion on whether to enter into a tenancy agreement with any particular applicant. There is no rule that the rents in a cost rental tenancy should not exceed 35% of a tenant's net income and my Department has not set any criteria in this regard. However, I am aware that this is a common affordability metric and may be used by landlords when assessing prospective tenants.
Regarding social housing, income thresholds were increased by €5,000 for all local authorities from January 1, 2023, based on a 2022 review conducted by my Department. The new thresholds are €40,000, €35,000, and €30,000 for bands 1, 2, and 3 respectively. Notwithstanding these changes, my Department is awaiting detailed research examining the existing income limits in the context of current market and population conditions and the suitability or otherwise of the current framework having regard to the significantly changed landscape since it was introduced. This has been commissioned by the Housing Agency and I understand this work is near completion. When it is available, my Department will undertake a detailed examination of the report, including consultation with stakeholders. This will facilitate the preparation of options for my consideration later this year as set out in the Housing for All Action Plan update.
346. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the categories of people who are eligible for postal voting. [7583/24]
View answerElectoral law provides for postal voting for a number of different categories of people:
• whole-time members of the Defence Forces
• members of An Garda Síochána
• Irish diplomats serving abroad and their spouses/civil partners
• electors living at home who are unable to vote because of an illness or a disability
• electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day
• full-time students registered at their home who are living elsewhere while attending an educational institution in the State,
• prisoners, and
• certain election staff employed at the poll outside the constituency where they reside.
In addition, Section 93 of the Electoral Reform Act 2022 provides for anonymous registration and a postal vote where a person’s safety (or a member of their household) may be compromised by publication of their details on the electoral register. Where a person is registered as an anonymous voter, that person is only able to vote by post.
The Electoral Reform Act 2022 included provisions for the establishment of an independent, statutory Electoral Commission, entitled An Coimisiún Toghcháin. An Coimisiún has been given a new research, advisory and public information function, which involves the commission conducting research on electoral policy and procedure. An Coimisiún is also empowered to advise and make recommendations to the Minister and the Government in relation to any proposals for legislative change, or any other policy matters concerning electoral and legislative proposals.
The Programme for Government - Our Shared Future contains a commitment to examine the use of postal voting, with a view to expanding its provision. In support of this commitment I wrote to An Coimisiún in July 2023, and outlined a number of issues that An Coimisiún might include in its initial research programme. This included the commitment in the Programme for Government relating to postal voting. An Coimisiún’s draft research programme, published on 10 November 2023, included a proposal to examine the issue of postal voting. I will review this policy area once An Coimisiún has considered and made recommendations on the issue.
