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Tuesday, 18 Sep 2012

Written Answers Nos. 67-85

Environmental Policy

Ceisteanna (67)

Clare Daly

Ceist:

67. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the purpose of the EPA Code of Practice: Waste Water Treatment and Disposal Systems Serving Single Houses (2009). [38907/12]

Amharc ar fhreagra

Freagraí scríofa

Section 76 of the Environmental Protection Agency (EPA) Act 1992 enables the EPA to prepare and publish codes of practice for the purpose of providing guidance with respect to compliance with any enactment or other requirement concerning environmental protection. The Code of Practice (CoP) referred to was prepared for the purpose of providing guidance to assist local authorities (as planning, building control, waste and water services authorities), builders, systems manufacturers, systems designers, systems installers and system operators on the provision of wastewater treatment and disposal systems for new single houses with a population equivalent of less than or equal to ten persons.

The CoP has replaced previous guidance published by the EPA in 2000 and incorporates requirements arising under the latest relevant European standards, together with up-to-date research findings from the EPA and other sources. From my Department’s perspective the EPA’s adoption of the CoP has significantly enhanced the planning system’s capacity to align appropriate development with suitable sites. Allied to this, the Building Regulations (Part H Amendment) Regulations 2010 also now provide upgraded performance standards addressing the disposal of foul and surface water in respect of new buildings (including dwellings). Finally, the CoP has further facilitated the Department’s capacity to comprehensively address the issue of appropriate systems and monitoring and maintenance arrangements for on-site waste water treatment for single houses in a manner which will ensure that domestic wastewater can be properly managed, recovered and disposed of without endangering human health and without using processes or methods which could harm the environment.

Social and Affordable Housing Provision

Ceisteanna (68)

Patrick Nulty

Ceist:

68. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the action he will take to ensure that a sufficient supply of social housing is available to cope with housing needs; his views on whether his policy of encouraging housing associations to access finance from the Housing Finance Agency to acquire or build new units is running into difficulty because so few housing associations have been approved for finance from the HFA; his views on the number of social housing units provided by the National Asset Management Agency; the action he will take to address shortcomings in social housing policy and its implementation; and if he will make a statement on the matter. [36900/12]

Amharc ar fhreagra

Freagraí scríofa

The Government’s housing policy statement, published in June 2011, clearly identifies that the priority for Government will be to meet the most acute needs of households applying for social housing support. I am determined to ensure that the social housing programme is framed in a manner which optimises the delivery of social housing and the return for the resources invested. To achieve this it is essential that we tailor the use of available Exchequer supports to prevailing conditions and explore the full range of solutions to address housing needs.

The social housing capital budget has been reduced from €1.535 billion in 2008 to just over €333.7m this year, and the financial parameters within which we will be operating for the coming years rule out a return to large capital funded construction programmes. Nevertheless, the Government is committed to responding more quickly and on a larger scale to social housing support needs through a variety of mechanisms, including through increased provision of social housing. In spite of the challenging circumstances within which local authorities are now operating, a tentative projection of 4,000 to 4,500 housing units is anticipated for 2012.

Delivery of social housing will be significantly facilitated through more flexible funding models such as the Rental Accommodation Scheme and leasing, but the Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms will include options to purchase, build to lease and the sourcing of loan finance by approved housing bodies for construction and acquisition. In this regard, the Housing Finance Agency has received twelve applications for Certified Borrower status and awarded status to four bodies. The Agency has approved four applications for 98 social housing units in total (at a valuation of €13.4 million). It is envisaged that further lending will be generated for the Agency in 2012, under this Scheme, with more approved housing bodies applying for Certified Body status and subsequent loan applications for social housing schemes.

I am conscious that the move from capital funded programmes of construction and acquisition by approved housing bodies to more revenue funded options presents challenges for them. I intend to develop an enabling regulatory framework for the sector that will provide support and assurance both to the sector itself and to its external partners as it takes on the expanded role envisaged for it by Government and to underline its status as a viable and attractive investment opportunity for financial institutions. My Department is actively working with the sector on the development of a voluntary code which I expect most bodies will endorse. This code, which should be finalised and agreed in the coming months, will serve as a learning opportunity for the sector and for my Department as we develop a longer-term statutory framework that will best support the enhanced role of AHBs.

There is also obvious potential, across a range of housing programmes, for the Government’s objective of sourcing and providing suitable residential units for use as social housing to be aligned with the commercial objectives of the National Asset Management Agency (NAMA). My Department and the Housing Agency are working closely with NAMA with the aim of ensuring that a significant number of housing units are made available in this way by NAMA in the current year.

Question No. 69 answered with Question No. 43.

Traveller Accommodation

Ceisteanna (70)

Seán Crowe

Ceist:

70. Deputy Seán Crowe asked the Minister for the Environment, Community and Local Government the reason that, out of a total Department spend of €6 million in respect of Traveller specific accommodation, Dublin City Council was awarded €50,000. [39075/12]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the provisions of the Housing (Traveller Accommodation) Act, 1998, statutory responsibility for the provision of Traveller accommodation rests with the relevant housing authority. My Department’s role is to ensure that there is an adequate legislative and financial system in place to assist the authorities in providing such accommodation.

My Department’s 2012 capital budget for Traveller-specific accommodation is €6 million. The bulk of the available funding in 2012 was allocated to housing authorities in respect of schemes already under construction and for schemes approved to commence construction in 2012. An allocation of €50,000 was made to Dublin City Council on the basis of these criteria in respect of the provision of sanitation facilities at Belcamp Lane. My Department is in the process of carrying out a review of progress on Traveller-specific schemes and related expenditure by housing authorities in 2012 with a view to identifying savings and re-allocating any available funds. As part of this process, authorities were requested to submit returns in July, outlining their projected expenditure for the remainder of 2012 in respect of schemes already approved for funding this year and those awaiting approval to proceed. The return from Dublin City Council is awaited and will be considered on receipt.

Waste Management Regulations

Ceisteanna (71)

Gerry Adams

Ceist:

71. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government when he will make public his proposals to regulate the domestic waste collection industry. [39070/12]

Amharc ar fhreagra

Freagraí scríofa

I published A Resource Opportunity - Waste Management Policy in Ireland in July 20112, on an express commitment of the Programme for Government. This brings much needed policy certainty to the waste sector, and will facilitate planning and investment decisions. The domestic waste collection industry is already regulated under existing waste management legislation and in particular, by the Waste Management (Collection Permit) Regulations 2007. The Government’s new waste policy sets out a range of proposals significantly to revise this regulatory regime to ensure, inter alia, that waste collected is managed in accordance with the waste hierarchy, that mandated service levels are delivered and that Customer Charters are put in place by all waste collection providers.

The work of developing new regulatory structures to give effect to these proposals has commenced and my Department will be engaging with a range of key stakeholders in relation to the detailed design of the new system. These will include the National Waste Collection Permitting Office, local authorities, the Environmental Protection Agency and the National Consumer Agency. It is my intention that the revised regulatory regime will deliver both enhanced environmental performance and a quality service for consumers.

Local Authority Housing Maintenance

Ceisteanna (72)

Sandra McLellan

Ceist:

72. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government his plans to increase funding for social housing maintenance works in budget 2013. [39065/12]

Amharc ar fhreagra

Freagraí scríofa

Under section 58 of the Housing Act 1966, the management and maintenance of the local authority housing stock, including the compilation and funding of ongoing maintenance programmes and pre-letting repairs, is the responsibility of the relevant housing authority. Housing maintenance works are funded directly by local authorities from their own resources, including from rental income and receipts from the disposal of properties and sales of houses to tenants.

Under my Department’s Social Housing Investment Programme, local authorities are allocated capital funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock, including the regeneration of large social housing estates and flat complexes, estate wide remedial works schemes, funding for extensions and adaptations to meet the needs of tenants with a disability etc. Funding has also been provided by my Department for a programme of works aimed at improving the overall standard and energy efficiency of the housing stock.

This year I allocated some €145 million to local authorities in respect of measures aimed at improving the social housing stock. €90 million of this is being provided in respect of the National Regeneration Programme for the social, economic and physical regeneration of disadvantaged social housing estates in Dublin, Limerick and Cork and in a number of regional towns around the country. €27 million is being provided in respect of some 45 estate-wide remedial works schemes in 26 local authorities with a further €10 million earmarked for extensions and adaptations to properties across all authorities. A total of €18 million is being provided for improving the quality and energy efficiency of older housing stock.

Capital allocations to local authorities next year under the various housing measures will be determined in the light of the overall budgetary provision for the Social Housing Investment Programme.

Homelessness Strategy

Ceisteanna (73)

Mary Lou McDonald

Ceist:

73. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government his views on the findings of the recent census that 230,000 units lie empty while up to 5,000 are homeless; his plans to proceed with a housing first initiative to combat this; and if he will make a statement on the matter. [39068/12]

Amharc ar fhreagra

Freagraí scríofa

I welcome the CSO's special Census report, Homeless Persons in Ireland as a further analysis of the homelessness problem. One of the biggest difficulties faced both here and internationally is the definition and categorisation of households who for one reason or another find themselves without a home for long or short periods of time. The CSO figure, published on 6 September 2012, of 3,808 persons either sleeping rough or in accommodation designated for the homeless is of course indicative of a persisting serious issue for our society. However, it is important to note that the rough sleeper count is 64, with 59 of those people located in Dublin. It is not tolerable that anyone should sleep on the streets but it is important that the homeless figures released are not confused with the number of people sleeping rough. The vast majority of people classified in the CSO's report as homeless are in long-term or emergency accommodation.

One of my priorities is to ensure that people have access to secure, stable, appropriate accommodation. Short-term interventions are not a long-term solution to homelessness. I am determined that real solutions for people who find themselves without a home are provided. The Programme for Government committed to reviewing the homeless strategy, The Way Home: A Strategy to Address Adult Homelessness in Ireland 2008-2013 and to implementing a housing led approach to homelessness. Work on the review is almost complete. The review will take account of demands on existing housing and will assess how best to continue providing services in a manner consistent with the elimination of existing homelessness and to ensure more effective prevention strategies. On its conclusion, I will be indicating what I expect from housing authorities and other stakeholders in accelerating progress towards realising the ambition of eliminating involuntary long-term homelessness.

Question No. 74 answered with Question No. 43.

An Bord Pleanála Appointments

Ceisteanna (75)

Billy Timmins

Ceist:

75. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government his plans to change the composition of An Bord Pleanála; and if he will make a statement on the matter. [36901/12]

Amharc ar fhreagra

Freagraí scríofa

Appointments to the Board of An Bord Pleanála are governed by sections 105 to 107 of the Planning and Development Acts 2000 to 2010 and articles 56 to 65 of the Planning and Development Regulations 2001, as amended. The appointment process provides that appointments are made by the Minister from nominees put forward by four representative panels of nominating bodies prescribed for this purpose.

The organisations which make up these nominating panels are set out in article 64 of the Planning and Development Regulations 2001, as amended. These bodies represent a wide range of interests so that potential appointees are drawn from a balanced group of people, with diverse backgrounds, who can reach a considered view on the issues with which the Board is concerned. Each body in each panel was invited to nominate two candidates for consideration for appointment to the Board. In relation to the position of Chairperson, the appointment is made by Government from candidates selected by an independent statutory selection committee.

Four new Members were appointed to the Board earlier in 2012, following the re-appointment of two serving Members in November and December 2012. This brought the number of Members to nine, including the Chair. I consider that the current nomination and appointment process is fair and transparent, and I am satisfied that the Board has the requisite balance of skill sets and expertise required for the effective discharge of An Bord Pleanála’s complex and wide ranging functions.

Question No. 76 answered with Question No. 47.

Pyrite Remediation Programme Issues

Ceisteanna (77)

Clare Daly

Ceist:

77. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the contribution private legal firms made in the preparation of the Pyrite Panel report; the names of the firms and if any such firm had a conflict of interest having represented quarry owners, developers or contractors; and the amount they were paid for work on the Pyrite Panel report. [38906/12]

Amharc ar fhreagra

Freagraí scríofa

In response to the very difficult situation faced by homeowners affected by pyrite, I established the Pyrite Panel in September 2011. The Panel undertook its work independently of me and submitted its report to me at the end of June 2011. The Panel engaged in a consultation process with a wide range of stakeholders and others who it considered had a particular expertise on the subject of pyrite and could make a useful contribution to its work. The Panel met with 44 individuals/groups and they are listed in appendix 1 of the report.

I understand that the Panel engaged the services of a firm of solicitors, Arthur Cox, to provide itself with independent legal advice on a number of issues on which it felt it needed legal clarity. The firm also read the Panel’s report prior to publication to ensure that the content of the report was legally sound. The firm was paid a total of €6,127. I understand that the procurement of the legal services was conducted in accordance with standard public procurement procedure. The potential for a conflict of interest was discussed with the legal firms who were asked to submit proposals for the work involved.

Water Quality

Ceisteanna (78)

Mick Wallace

Ceist:

78. Deputy Mick Wallace asked the Minister for the Environment, Community and Local Government when Irish Water is set up, which body or person will take responsibility for outstanding European Court of Justice cases in the field of environmental water quality; and if he will make a statement on the matter. [39041/12]

Amharc ar fhreagra

Freagraí scríofa

Responsibility for European Court of Justice cases lies with the State and specifically, in relation to water quality matters, with the Minister for the Environment, Community and Local Government. This will continue to be the case after the establishment of Irish Water.

Question No. 79 answered with Question No. 53.

Social and Affordable Housing Eligibility

Ceisteanna (80)

Aengus Ó Snodaigh

Ceist:

80. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the plans of Dublin City Council to move away from the points system for social housing prioritisation; his plans to implement a national model for assessment of housing need and the prioritisation of that need based on international best practice. [39069/12]

Amharc ar fhreagra

Freagraí scríofa

Under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 all housing authorities are required to make an allocation scheme (in place of a scheme of letting priorities) for social housing. The making and amendment of such an allocation scheme is a reserved function of the elected members of each housing authority. The Social Housing Allocation Regulations 2011, which came into effect on 1 May 2011, set out the conditions that housing authorities must take into account when making their allocation schemes. Guidance on the making of allocation schemes has issued both from my Department and the Housing Agency. This guidance is available on the Housing Agency’s website (www.housing.ie).

Sections of the Housing (Miscellaneous Provisions) Act 2009 dealing with social housing support, and related Social Housing Assessment Regulations 2011, were commenced on 1 April 2011. The Regulations contain national eligibility criteria. These mandatory criteria must be applied by all housing authorities in assessing a household’s eligibility for social housing support. Notwithstanding the above, and as part of the programme of social housing reform which I am advancing, I am reviewing the operation of both the allocations policy and the implementation of the Social Housing Assessment Regulations 2011. The review of the assessment Regulations is nearing completion and I expect that amended Regulations and guidance will be provided to housing authorities shortly.

Local Authority Housing Provision

Ceisteanna (81)

Dessie Ellis

Ceist:

81. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Dublin City Council has been repossessing shared ownership homes which were in arrears and instead of placing them back into the housing stock are leasing the properties on three to four year contracts. [39064/12]

Amharc ar fhreagra

Freagraí scríofa

Local authorities have long been the lenders of last resort servicing the housing loans needs of less affluent members of society. In the present economic circumstances it is to be anticipated that the ability of some borrowers to service housing loans may become restricted and that a number of loans may fall into arrears. Section 34 of the Housing (Miscellaneous Provisions) Act 2009 provides local authorities with powers to deal flexibly with distressed borrowers, and they have demonstrated sensitivity over the years in dealing with such cases. In March 2010 my Department issued guidelines to local authorities, based upon the Central Bank’s first Code of Conduct on Mortgage Arrears, which continued the tradition of handling arrears in a manner that is sympathetic to the needs of the particular household, while also protecting the position of the local authority concerned.

To reflect the content of the Central Bank’s revised Code of Conduct – which replaced the previous code from 1 January 2011 and was informed by the deliberations of the Expert Group on Mortgage Arrears and Personal Debt – my Department issued updated guidance to local authorities earlier this year in consultation with the County and City Managers Association. This will further enable local authorities to provide a range of flexible repayment options for households in difficulty.

Repossession remains extremely rare for local authority borrowers, with only 128 repossessions across all local authority areas carried out between 2005 and 2010. Clearly, where repossession does occur it is only as a last resort, and my Department is aware that it generally involves those households in arrears who refuse to engage with the local authority lender. It is generally the case that a local authority will look to sell a repossessed property on the open market as quickly as possible in order to minimise their own exposure to financial loss in respect of the loan finance provided through them to the borrower.

Local Authority Funding

Ceisteanna (82)

Mick Wallace

Ceist:

82. Deputy Mick Wallace asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of the way he plans to fund local government in 2013 if he manages to implement the property tax proposed for next year; if he will provide a breakdown per annum of the sources and amounts of local government funding between 2006 and 2012; and if he will make a statement on the matter. [39042/12]

Amharc ar fhreagra

Freagraí scríofa

The EU/IMF Programme of Financial Support for Ireland contains a commitment to introduce a property tax for 2012. This reflects the need to: – put the funding of locally-delivered services on a sound financial footing; improve accountability; and better align the cost of providing services with the demand for such services.

I established an Inter-Departmental expert group tasked with designing a property tax and the Group, chaired by Dr. Don Thornhill, considered the structures and modalities for an equitable valuation-based property tax. The Group has completed its work and submitted a report to me on 14 June 2012 which will be considered by Government in due course. It is expected that decisions on the new property tax will be taken in the context of Budget 2013. A Government decision has been taken to give the Revenue Commissioners responsibility for preparing the relevant legislation and the administration and collection of the "Local Property Tax". Appropriate preparatory work is being undertaken by the Revenue Commissioners.

General-Purpose Grants are just one of the sources of revenue for local authorities. Income from local sources such as commercial rates, housing rents, environmental and other waste charges, and charges for non-domestic water services provide over half of the current funding needs of local authorities. The balance of the funding is provided through specific State grants, the most important of which are local and regional road grants. Grants for capital purposes are provided separately by a range of Government Departments and agencies.

The following table sets out the sources and amounts of local government revenue funding from 2006 to 2012.

-

Commercial

Rates

General Purpose

Grants

Pension related

Deductions

Goods & Services

Grants &

Subsidies

Income

2006

1,190,765,417

876,940,294

1,279,187,272

1,107,685,885

4,454,578,869

2007

1,269,257,446

948,570,922

1,429,441,038

1,171,217,354

4,818,486,760

2008

1,358,374,584

1,000,329,864

1,444,510,400

1,192,499,194

4,995,714,042

2009

1,408,720,936

836,579,777

72,722,668

1,344,687,140

1,136,053,238

4,798,763,759

2010

1,430,177,414

760,816,780

86,114,618

1,261,251,121

1,225,039,452

4,763,399,385

2011*

1,367,521,241

705,392,846

78,129,962

1,246,353,924

1,128,560,993

4,525,958,966

2012*

1,461,366,275

651,919,291

78,279,496

1,180,234,228

958,162,990

4,329,962,280

* Local authority budgets

Priory Hall Development

Ceisteanna (83)

Thomas P. Broughan

Ceist:

83. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the position regarding the Priory Hall, Dublin, resolution process; when this process will be concluded; and if he will make a statement on the matter. [39033/12]

Amharc ar fhreagra

Freagraí scríofa

The resolution process, which I understand is on-going, arose in the context of legal proceedings which were adjourned to afford relevant parties the opportunity to work together, under the chairmanship of Justice Finnegan, to identify a way forward in relation to the complex problems at Priory Hall. Given that the matter is before the courts, it would be inappropriate for me to comment further other than to urge all concerned to afford Justice Finnegan the opportunity to complete the task which he is undertaking.

Local Government Reform

Ceisteanna (84)

Jonathan O'Brien

Ceist:

84. Deputy Jonathan O'Brien asked the Minister for the Environment, Community and Local Government if he will provide an update on the report on the realignment of local government; and when same will be published. [39074/12]

Amharc ar fhreagra

Freagraí scríofa

As indicated in the reply to Questions Nos. 43, 56, 69 and 74 on today’s order paper, the policy statement and action programme for the reform of local government, which I will shortly publish, will, inter alia, address the alignment of local and community development with local government. The approach in this regard will take account of the recommendations of the Steering Group that I established last year to examine these issues. The Steering Group’s final report will also be available shortly on my Department’s website.

Question No. 85 answered with Question No. 55.
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