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Wednesday, 26 Sep 2012

Written Answers Nos.125-132

Radon Gas Levels

Ceisteanna (125)

James Bannon

Ceist:

125. Deputy James Bannon asked the Minister for the Environment; Community and Local Government his plans to address high levels of radon gas exposure in residential properties; and if he will make a statement on the matter. [40891/12]

Amharc ar fhreagra

Freagraí scríofa

The Government, largely through the Radiological Protection Institute of Ireland (RPII), has worked to assess the extent of the incidence of radon in Ireland, and to increase public awareness of the issue.

In 2002 the RPII published the report of the National Radon Survey of radon in homes in Ireland. The results of the national radon survey identified certain parts of the country which are prone to high levels of radon. Approximately one third of the country is classified as a High Radon Area. A map showing the High Radon Areas is published on the RPII’s website.

The Government’s approach to radon, which is similar to that of the majority of EU Member States, is to concentrate efforts on increasing public awareness of the risks posed by radon in the home. Through support for the RPII’s radon advice and awareness work, my Department is supporting efforts to raise public awareness of the risks posed by radon, particularly in the home. Householders, particularly those in known high radon areas, have been strongly encouraged to have their homes tested for radon and to undertake remediation works where necessary.

Since 1998 the Building Regulations require all new buildings to incorporate radon protection measures at the time of construction. In October 2004 an updated edition of Technical Guidance Document C on Part C of the Building Regulations (Site Preparation and Resistance to Moisture) was published incorporating enhanced radon prevention measures for new buildings commencing on or after 1 April 2005. This guidance document is aimed at ensuring that radon protection measures are carried out more effectively. Copies of the guidance documents are available on my Department’s website – www.environ.ie.

If a dwelling is found to have a high radon level, remediation work may be recommended. Technical guidance on radon remediation techniques is available in a booklet issued by my Department, Radon in Buildings - Corrective Options, which is also available on my Department’s website. The RPII has also issued guidance, Understanding Radon Remediation - A Householders Guide, which is available on the Institute’s website at www.rpii.ie, together with a list of companies who can provide a radon remediation service and offer specific advice and recommendations. In addition, the RPII can be contacted for radon advice on freephone 1800 300 600.

An Inter-Agency Group, established in September 2011 under the leadership of my Department, has been tasked to develop a National Integrated Strategy for Radon Control. Further measures to address radon in residential properties will be considered by this Group as part of its overall remit. The Group will submit an Interim Report to Government by the end of 2012 and a final Report by the end of 2013.

URBAN Operational Programme

Ceisteanna (126, 127)

Thomas P. Broughan

Ceist:

126. Deputy Thomas P. Broughan asked the Minister for the Environment; Community and Local Government if under the new EU Urban Programme from 2014 that resources will be available for Irish cities and towns; and if he will make a statement on the matter. [40911/12]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

127. Deputy Thomas P. Broughan asked the Minister for the Environment; Community and Local Government if he will propose the North Fringe of Dublin City Council and the South Fringe of Fingal County Council as part of the key completion and redevelopment areas for funding under the proposed 2014 EU Urban Programme; and if he will make a statement on the matter. [40912/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 126 and 127 together.

The European Commission published its proposals for the 2014-2020 round of funding on 6 October 2011.  Discussions and negotiations on the proposals have been taking place at European Council level since that date.  The future of cohesion policy is being framed in the context of the current economic downturn and the challenge for an integrated cohesion policy is to address this.  The strategic direction for future policy will, of course, be framed by the EU 2020 Strategy and the EU Budget review.  Ireland supports the goals of the EU 2020 Strategy. 

Cohesion Policy will be a key tool in the achievement of the above mentioned goals.  Interventions must be focused on creating employment, research and innovation, education, combating poverty and climate change and energy.   One of the elements of the proposals is to foster integrated urban policies to enhance sustainable urban development in order to strengthen the role of cities within the context of cohesion, with at least 5% of the ERDF resources allocated for "integrated actions" in this field by each Member State.  It will be a matter for my colleague, the Minister for Public Expenditure and Reform, who has overall responsibility for Cohesion Policy, to bring forward proposals at the appropriate time on the best use of Structural Funds resources available to Ireland taking into account, amongst other matters, the sustainable urban development aspects.

Local Authority Members' Remuneration

Ceisteanna (128)

Micheál Martin

Ceist:

128. Deputy Micheál Martin asked the Minister for the Environment; Community and Local Government his plans to reform councillors payments and expenses; the time frame for such changes; and if he will make a statement on the matter. [40919/12]

Amharc ar fhreagra

Freagraí scríofa

Currently, councillors are in receipt of a number of financial supports in recognition of their commitment to service to the community and to contribute to defraying the reasonable expenses of discharging their duties. The structures and levels of councillors’ payments and expenses will be reviewed in the overall context of a detailed action programme for the reform of local government which I propose to publish shortly.

Personal Insolvency Act

Ceisteanna (129)

Derek Nolan

Ceist:

129. Deputy Derek Nolan asked the Minister for Justice and Equality if financial brokers will be able to act as personal insolvency practitioners when the forthcoming Personal Insolvency Bill is enacted; and if he will make a statement on the matter. [40761/12]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my answer to Question No. 1265 of 18 September, 2012 in which I said that the precise details in regard to the regulation of personal insolvency practitioners require further consideration in the final development of the Personal Insolvency Bill 2012 in consultation with the Department of Finance, the Central Bank and relevant professional bodies. I will be bringing forward detailed proposals by way of amendments to the Bill during its passage through the Oireachtas.

I can assure the Deputy that no decisions have been taken as to who may be licensed as personal insolvency practitioners.

Financial Services Regulation

Ceisteanna (130, 139)

Brendan Smith

Ceist:

130. Deputy Brendan Smith asked the Minister for Justice and Equality if he will provide details in relation to the body or agency currently responsible for dealing with unlicensed money lenders; the manner in which unlicensed money lenders are currently being dealt with by An Garda Siochána or any other agency under his Department; the number of prosecutions and convictions that have been secured against unlicensed moneylenders operating unlawfully in the State within the past five years; his views on the problem; and if he has any proposals for dealing with the matter of unlicensed moneylenders operating unlawfully in the future. [40832/12]

Amharc ar fhreagra

Brendan Smith

Ceist:

139. Deputy Brendan Smith asked the Minister for Justice and Equality if he will provide details in relation to the body or agency currently responsible for dealing with unlicensed money lenders; the manner in which unlicensed money lenders are currently being dealt with by An Garda Siochána or any other agency under his Department; the number of prosecutions and convictions that have been secured against unlicensed moneylenders operating unlawfully in the State within the past five years; his views on the problem and if he has any proposals for dealing with the matter of unlicensed moneylenders operating unlawfully in the future. [40831/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 130 and 139 together.

The regulation of licensed moneylending is a matter primarily for my colleague, the Minister for Finance. The Central Bank of Ireland is the competent Authority in this jurisdiction with regard to licensed moneylending and in overseeing and regulating such activity.

Legislative provisions relating to the regulation of moneylending are contained in the Consumer Credit Act 1995 which is the responsibility of the Minister for Jobs, Enterprise and Innovation and unlicensed moneylending is an offence under that Act. My Department’s responsibility relates to the involvement of the criminal justice system in dealing with allegations of criminal activity. Persons who engage in money lending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act, which provides for a prohibition on engaging in the business of money lending without a licence.

Complaints may be made to the Gardaí who have power to bring prosecutions against unlicensed operators. The powers of An Garda Síochána in tackling illegal moneylending are principally contained in sections 105 to 109 of the Act, which make provision for a number of matters including Garda powers of entry and arrest.

A person who is found guilty of an offence under the Act is liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.

I am informed that the latest available figures provided by the Courts Service indicate that no prosecutions for such an offence have been recorded over the past five years.

There are also a number of provisions in the criminal law which may be of relevance in particular circumstances, for example, section 10 and section 11 of the Non-fatal Offences against the Person Act 1997 and section 17 the Criminal Justice (Public Order) Act 1994 which provide for a range of offences including offences relating to harassment, extortion and demanding money with menaces. While these criminal law measures are being utilised, it should be noted that these offences have wider implications than money lending and there is no information available as to their use specifically with regard to money lending activities.

With regard to these matters I am assured by the Garda authorities that where offences under section 98 of the Consumer Credit Act 1995 are disclosed, and are reported to An Garda Síochána, the matter will be the subject of investigation under the direction of the local District Officer, with relevant expert assistance available from the Garda Bureau of Fraud Investigation.

As I stated before, I would, therefore, encourage those who may have information concerning the operation of unlicensed money lenders in particular circumstances to make that information available to An Garda Síochána who will take all measures open to them to enforce the law in this area.

Legal Matters

Ceisteanna (131)

Terence Flanagan

Ceist:

131. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the repossession of property; and if he will make a statement on the matter. [40908/12]

Amharc ar fhreagra

Freagraí scríofa

The position is that the High Court judgment to which the Deputy refers has been appealed to the Supreme Court. Consultations between my Department and the Office of the Attorney General regarding the implications of that judgment and more recent High Court judgments concerning the rights of lending institutions are ongoing.

Personal Insolvency Act

Ceisteanna (132)

Finian McGrath

Ceist:

132. Deputy Finian McGrath asked the Minister for Justice and Equality if he will examine the following proposal on the New Personal Insolvency Bill (details supplied). [40738/12]

Amharc ar fhreagra

Freagraí scríofa

The matter raised by the Deputy does not form part of the Personal Insolvency Bill and I am unable to assist.

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