Dáil Éireann Debate, Tuesday - 31 January 2012
467 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the persons responsible for compiling the list of unfinished estates as part of the household charges legislation; the criteria that were used and the reason an estate (details supplied) in County Mayo was excluded from the list despite being unfinished; and if he will make a statement on the matter. [5536/12]
Amharc ar fhreagraAs part of the process of preparing the National Housing Development Survey 2011, launched by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories as follows: category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist; category two, where a receiver has been appointed; category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and category four, where the development has been effectively abandoned and is posing serious problems for residents
This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver.
468 Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the retrospective element of the exemption to the household charge for persons who, owing to illness, have moved out of their homes to be cared for by relatives or in a nursing home, is resulting in those citizens who left their homes in 2011 being liable for the household charge; his plans to rectify this anomaly; and if he will make a statement on the matter. [5548/12]
Amharc ar fhreagraUnder the Local Government (Household Charge) Act 2011 owners of residential property are liable to pay the household charge. There are a number of exemptions and waivers from payment of the household charge. In particular, section 4 of the Act provides for an exemption where an owner of a residential property, which was that person's main or sole residence, is not residing in that property on a liability date by reason of his or her having had to vacate the property due to long term mental or physical infirmity and that person is residing in another property that he/she does not own.
Subsection 6 of section 4 of the Act defines the meaning of "long term mental or physical infirmity" as requiring the person to vacate the property in which he/she had been dwelling for a continuous period of more than 12 months and provides that such an infirmity must be certified by a registered medical practitioner.
469 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government under what legislative protection does he intend on behalf of the Government to seek customer information from utility providers for the purpose of the household charge, in view of the concerns raised by the Data Protection Commissioner, who has described such an action as an extension of the powers of the State. [5567/12]
Amharc ar fhreagraThe Local Government (Household Charge) Act 2011 sets out the legislation underpinning the household charge.
Section 14 of the Act provides for data sharing and exchange for the purposes of the household charge. My Department has met recently with the Office of the Data Protection Commissioner in relation to the operation of the data sharing provisions in the legislation. It has been agreed that protocols will be developed for the exchange of data in consultation with that Office and with relevant agencies/bodies in advance of utilisation of the above mentioned legislative provisions.
