Thursday, 20 Sep 2012

Written Answers Nos. 134-145

Broadcasting Service Provision

Ceisteanna (134)

Tom Fleming

Ceist:

134. Deputy Tom Fleming asked the Minister for Communications; Energy and Natural Resources if he will carry out upgrading and retrofit to existing TV transmission masts in pockets of areas in County Kerry, particularly the east, south and west of the county, in view of the fact that decommissioning of these transmitters in conjunction with Saorview on 24 October 2012, will leave thousands of people in these areas without any TV coverage; and if he will act immediately to address the anomaly and deficiency in the infrastructure for providing equality to all householders in the country in the changeover to digital TV; and if he will make a statement on the matter. [39839/12]

Freagraí scríofa

Minister for Communications, Energy and Natural Resources

RTÉ has built, owns and controls the Saorview TV network and is responsible for the roll-out, coverage and operation of that network. This is in accordance with Part 8 of the Broadcasting Act 2009, which provides that the development of the RTÉ network is an operational matter for RTÉ. Section 130 of the Broadcasting Act 2009 Act provides that RTÉ must roll out a national digital TV network to the same extent as its existing analogue network. In this regard, I understand from RTÉ that their analogue network covers 98% of the population and the Saorview network will also provide 98% population coverage. It is impossible to cover 100% of the population by terrestrial means. The SAORVIEW network is largely completed. The remaining thirteen sites will be brought into service over the next few weeks. These sites will be coming on air between 24th September and 1st October and RTÉ will operate a local campaign to inform people.

Regarding Kerry, I have been informed by RTÉ Networks Limited that six of the fifty five SAORVIEW transmission sites are located in County Kerry (Mullaghanish –Cork/Kerry border, Kilkeaveragh, Maamclasagh, Dingle, Knockmoyle, Conc An Oir). Additionally, parts of county Kerry are covered by transmission sites in other counties (Castletownbere, Bantry – Cork, Maghera – Clare). SAORVIEW coverage in Kerry gives the follows improvements over the old analogue network:

- An improvement in terrestrial availability of 5% for RTÉ One and RTÉ Two

- An improvement in terrestrial availability of 20% for TG4

- An improvement in terrestrial availability of 51% for TV3

In addition to Saorview, RTÉ has developed SAORSAT, a new free-to-air satellite service unique to Ireland to ensure the RTÉ television services are available to the remaining 2% of the population. SAORSAT launched in March 2012. Currently, SAORSAT provides access to the RTÉ channels including the new RTÉ channels developed for SAORVIEW and TG4. TV3 has not yet made a decision regarding SAORSAT. RTÉ is not obliged to provide this satellite service and is doing so on its own initiative. I am informed that with this satellite service, Ireland will have a national TV network covering 100% of the population for the first time including any parts of County Kerry that cannot access SAORVIEW. Further information on SAORSAT, SAORVIEW coverage and the transmitters being used is available on www.saorview.ie.

Broadcasting Service Provision

Ceisteanna (135)

Mattie McGrath

Ceist:

135. Deputy Mattie McGrath asked the Minister for Communications; Energy and Natural Resources his plans to reimburse those members of the public who are unable to receive Saorview and who will be charged at least €200 for the installation of a new satellite dish with LNBF for SAORSAT; his views on whether it is acceptable that these members of the public who have already paid €160 for their TV licence are charged so much to receive this service; his views on whether it is acceptable that some members of the public are left without Saorview coverage; and if he will make a statement on the matter. [39920/12]

Freagraí scríofa

Minister for Communications, Energy and Natural Resources

RTÉ has built, owns and controls the Saorview TV network and is responsible for the roll-out, coverage and operation of that network. This is in accordance with Part 8 of the Broadcasting Act 2009, which provides that the development of the RTÉ network is an operational matter for RTÉ. Section 130 of the Broadcasting Act 2009 Act also provides that RTÉ must roll out a national digital TV network to the same extent as its existing analogue network. In this regard, I understand from RTÉ that their analogue network covers 98% of the population and the Saorview network will also provide 98% population coverage. It is impossible to cover 100% of the population by terrestrial means. RTÉ is not obliged under legislation to provide the SAORSAT satellite service and is doing so on its own initiative. The availability of SAORSAT means that for the first time in Irish television history there is 100% coverage for domestic TV channels.

In relation to the provision of financial assistance in the context of digital switchover, as I have stated in previous parliamentary question responses, I do not propose to introduce grant schemes for the purpose of digital switchover. In relation to the requirement for a TV licence, the rationale for providing State funding for public service broadcasting is to provide an independent and reliable income flow that allows our public service broadcasters, RTÉ and TG4, to attain their public service objects while ensuring they can maintain editorial independence. The overall aim is to provide services and content which cater for all interests in society, while ensuring that the varied elements of Irish culture and its intrinsic values are protected. Also it should be noted that 7% of the TV licence revenue goes to the Broadcasting Funding Scheme to assist independent broadcasters.

Property Taxation Application

Ceisteanna (136, 137, 138, 139)

Peter Mathews

Ceist:

136. Deputy Peter Mathews asked the Minister for the Environment; Community and Local Government when the expert report on the property tax conducted by Dr. Thornhill will be published; if a job impact assessment has been conducted on the introduction of a property tax; and if he will make a statement on the matter. [39711/12]

Brian Walsh

Ceist:

137. Deputy Brian Walsh asked the Minister for the Environment; Community and Local Government if he intends to continue with the non-principal private residence charge on second homes when the residential property tax is introduced in 2013; and if he will make a statement on the matter. [39832/12]

Brian Walsh

Ceist:

138. Deputy Brian Walsh asked the Minister for the Environment; Community and Local Government if the proposed property tax to be introduced next year will recognise and give credit to householders who are paying management charges in housing estates that have not yet been taken in charge by the local authorities; and if he will make a statement on the matter. [39835/12]

Michael Healy-Rae

Ceist:

139. Deputy Michael Healy-Rae asked the Minister for the Environment; Community and Local Government if he will confirm that there will be eight bands with regard to the property tax and if band A is to take the lowest value of a property at €150,000 if he will explain the position in relation to properties, of which there are many, which will be valued at less than €150,000; his proposals with regard to these properties; and if he will make a statement on the matter. [39853/12]

Freagraí scríofa

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 136 to 139, inclusive, together.

An independently-chaired Inter-Departmental Expert Group was established to consider the structures and modalities for an equitable local property tax to replace the household charge.

The Group recently submitted its report to me and its recommendations will be considered in due course.  Proposals will be brought to Government as soon as possible and it will then be a matter for the Government to decide on the exact details of implementation taking into account the modalities involved. The Government has decided that the local property tax will be collected and administered by the Revenue Commissioners.

Local Authority Charges Application

Ceisteanna (140)

Noel Grealish

Ceist:

140. Deputy Noel Grealish asked the Minister for the Environment; Community and Local Government if he has any difficulty with the provision in standard residential letting contracts whereby owners of private residential property can legally pass on local service charges such as the household charge and the non-principal private residence charge to tenants. [39904/12]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative underpinning for the household charge.  The Local Government (Charges) Act 2009 provides the basis for the non-principal private residence charge. The legislation provides that the owner of a residential property is liable to pay the household charge and/or non-principal private residence charge on the liability date unless otherwise exempted or entitled to claim a waiver. Private residential tenancies, with limited exceptions, are governed by the Residential Tenancies Act 2004 and it is a matter for the tenant and landlord to agree the terms and conditions of a lease or tenancy agreement consistent with the Act.

Section 16(a)(ii) of the Act states that where a lease or tenancy agreement provides that any charges or taxes are payable by the tenant, the tenant shall pay those charges or taxes to the landlord in accordance with the lease or tenancy agreement unless the provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment. Section 18 of the Act specifies that no such lease or agreement may vary, modify or restrict the landlord's or tenant's obligations as set out in Sections 12 and 16, respectively, of the Act. More favourable terms for the tenant may be provided for and additional obligations may be imposed on the tenant if such are consistent with the Act.

Tenant Purchase Scheme Applications

Ceisteanna (141)

Ciaran Lynch

Ceist:

141. Deputy Ciarán Lynch asked the Minister for the Environment; Community and Local Government the status of the provision to allow the sale of local authority flats as provided for in the Housing (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [39675/12]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

The necessary statutory instruments were made in 2011 under Part 4 of the Housing (Miscellaneous Provisions) Act 2009 to enable the new scheme for the tenant purchase of apartments to come into operation on 1 January 2012. As the initial step in implementing the scheme, I have asked housing authorities to identify apartment complexes in their housing stock that might be suitable for designation for tenant purchase, subject to the required level of support from the tenants of the complexes concerned. I will make further regulations shortly prescribing the form of the transfer orders for the three transfers of property ownership involved in the new arrangements. Detailed guidance is also being prepared for housing authorities on the administration of the scheme.

Planning Issues

Ceisteanna (142)

Brendan Griffin

Ceist:

142. Deputy Brendan Griffin asked the Minister for the Environment; Community and Local Government the rights that householders have in cases in which a neighbour's tree is hanging dangerously over the householder's house or property; if local authorities have the power to intervene; and if he will make a statement on the matter. [39676/12]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

There is no legislation in Ireland regulating the height of trees and hedges. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy, of nuisance, available in respect of the branches or roots of a neighbour's trees encroaching on one's property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour's high trees or hedges. While I have no proposals to introduce legislation to deal with this issue I have written to my colleague the Minister for Justice and Equality suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter.

Planning Issues

Ceisteanna (143)

Joanna Tuffy

Ceist:

143. Deputy Joanna Tuffy asked the Minister for the Environment; Community and Local Government his plans to review the planning and development regulations with a view to amending the regulations in which applicants are required to place planning notices in a national newspaper for proposed developments of a minor scale, such as an extension to a house; in view of the fact that the cost of placing such a notice is very costly; and if he will make a statement on the matter. [39706/12]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

All aspects of the Planning Regulations, including the requirement to publish notice of planning applications in a national newspaper, are kept under review in my Department. I have no plans currently to amend the newspaper notice requirements for planning applications.

Social and Affordable Housing Provision

Ceisteanna (144)

Brendan Griffin

Ceist:

144. Deputy Brendan Griffin asked the Minister for the Environment; Community and Local Government if funding will be made available to Kerry County Council to allow for the building of a single rural cottage in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [39707/12]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

I recently approved funding under my Department's Social Housing Investment Programme for the construction of three rural houses in County Kerry over the period 2012 – 2014. It is a matter for Kerry County Council to decide on the location and future tenancy arrangements for these properties.

Water Services Provision

Ceisteanna (145)

Patrick O'Donovan

Ceist:

145. Deputy Patrick O'Donovan asked the Minister for the Environment; Community and Local Government the progress that has been made on waste water treatment plants in County Limerick; the outstanding applications that have been received from Limerick County Council to his Department; the reports that have been made available by the Environmental Protection Agency in respect of the operation of plants in County Limerick; and if he will make a statement on the matter. [39710/12]

Freagraí scríofa

Minister for the Environment, Community and Local Government

The Water Services Investment Programme 2010 – 2013 provides for the development of a comprehensive range of new water services infrastructure in County Limerick. The Programme consists of contracts under construction and to commence to the value of some €29 million in the county during the period of the Programme including schemes or contracts required to meet EPA licensing or certification requirements.

The Askeaton Sewerage Scheme Wastewater Treatment Plant is included in the Programme as a contract to start at an estimated cost of €2.6 million. My Department is awaiting the Council's response to a number of issues raised regarding the Preliminary Report. I understand that Limerick County Council will shortly be submitting a revised Preliminary Report for the Dromcollogher Sewerage Scheme to my Department. The contract for the Kilmallock Sewerage Scheme, Wastewater Treatment Plant was signed in July 2012. I understand that work has now commenced. The Abbeyfeale Sewerage Scheme (Treatment Plant Upgrade) is included in the Programme as a scheme at planning. Limerick County Council's Brief for the engagement of consulting engineers is being examined in my Department and will be dealt with as quickly as possible.