Written Answers Nos. 162-172
162. Deputy Robert Dowds asked the Minister for the Environment; Community and Local Government if he has considered amending the law to make it illegal to burn smoky coal in towns and cities; and if he will make a statement on the matter. [42460/12]
Amharc ar fhreagraThe ban on the marketing, sale and distribution of bituminous fuel (or ‘smoky coal ban’ as it is commonly known) was first introduced in Dublin in 1990 in response to severe episodes of winter smog that resulted from the widespread use of smoky coal for residential heating. Air quality monitoring carried out by the Environmental Protection Agency (EPA) shows that the ban has proved very effective in reducing particulate matter and sulphur dioxide levels in Dublin and the ban was subsequently extended to other urban areas.
On 9 July, following consideration of submissions received from local authorities, the health sector, the solid fuel industry, NGOs as well as members of the public under a public consultation process to review the smoky coal ban regulations, I announced that the ban would be extended to include the use of smoky coal within ban areas to complement the existing ban on the marketing, sale and distribution of such fuels. This has now been given effect through new Regulations signed by me on 31 August 2012.
The Regulations also provide for the revision of most existing smoky coal ban areas to take account of recent urban development. The Dublin ban area has been extended to include all of Dublin city, Fingal, South Dublin and Dun Laoghaire Rathdown, including many satellite towns such as Balbriggan, Saggart and Rathcoole, with effect from 31 August 2012.
In addition, seven new towns will be subject to the ban from May 2013: these towns are Greystones, Letterkenny, Mullingar, Navan, Newbridge, Portlaoise and Wicklow Town. The lead-in period for these new towns will allow local authorities and fuel retailers time to familiarise themselves with the new regulatory requirements in preparation for the switch-over to smokeless fuels.
The Regulations also require that all bituminous coal sold outside smoky coal ban areas for residential use outside those areas must have a sulphur content of no more than 0.7%. This consolidates the environmental and related human health benefits achieved by an earlier voluntary agreement with the Solid Fuel Trade Group (SFTG), representing the majority of major coal importers.
The Regulations, along with maps of the revised smoky coal ban areas and new towns being included in the ban from May 2013, are available on my Department’s website at the following link:http://www.environ.ie/en/Environment/Atmosphere/AirQuality/.
163. Deputy Robert Dowds asked the Minister for the Environment; Community and Local Government if he will outline the law regarding the burning of household waste, plastic, and waste oil in cities and built-up areas. [42461/12]
Amharc ar fhreagraIn general terms, any burning of waste that gives rise to pollution is in breach of both Waste Management and Air Pollution legislation. Section 32 of the Waste Management Act 1996 sets out the general duty of a holder of waste not to hold, transport, recover or dispose of waste “in a manner that causes or is likely to cause environmental pollution.”
With regard to such activities in built-up areas, the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 make it an offence to dispose of waste by uncontrolled burning and various actions are prohibited by the regulations, including burning within the curtilage of a dwelling. Local authorities are empowered to take legal action against offenders and fines of up to €3,000 are applicable for summary offences brought to court.
The regulations provide exemptions for certain agricultural practices but only as a last resort and after specified steps are taken to, inter alia, reduce, and recycle waste arisings. This exemption applies until 1 January 2014 when such activities will require registration with local authorities and be subject to the controls set out in the facility permit legislation. Local authorities may also exempt certain local cultural events if they so wish.
164. Deputy Robert Troy asked the Minister for the Environment; Community and Local Government if he will analyse the current electoral system that is in place in view of the fact that at present persons who are only residing in the country for two - three weeks may vote in an election, opening up the system to unsecured voting and denying the persons who usually vote democratically; and if he will make a statement on the matter. [42477/12]
Amharc ar fhreagraIn order to be able to vote at elections and referendums, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. The preparation of the register is a matter for each local registration authority – the city and county councils. It is their duty to ensure as far as is possible, and with the cooperation of the public, the accuracy and comprehensiveness of the register.
Sections 7, 8, 9 and 10 of the Electoral Act 1992 provide that a person is entitled to be registered where he/she is ordinarily resident on the qualifying date – 1st September in the year preceding the year in which the register comes into force. A new register comes into force on 15th February each year. Rule 5(3)(a) of the Second Schedule to the 1992 Act provides that the registration authority may for the purposes of their duties in relation to the preparation of a register require a person to give any information in their possession which the registration authority may require.
The publication of the draft register in November each year in preparation for the coming into effect of the register on the 15th of February following allows for corrections to be made. The public is invited to check the draft during this period and they may bring errors or omissions in the draft to the attention of the registration authority. Claims for the addition or deletion of names are ruled on by the county registrar who is a legally qualified court officer. The ruling is made in public and any person may attend and give evidence.
If a person is not included in the register of electors currently in force but considers that he or she qualifies for registration - for example if they have taken up ordinary residency in a constituency after the qualifying date, come of age to register or if they have changed address - the person may apply for entry in the supplement to the register which is open year round subject to certain practical limits in the weeks before a polling day. Where such an application is received on the basis of a person having taken up ordinary residency in a constituency, the registration authority may require a statutory declaration from the applicant to establish that he/she has taken up that ordinary residency.
An application for inclusion in the supplement must be signed by the applicant in the presence of a member of the Garda Síochána from the applicant’s local Garda station who must first be satisfied as to the person’s identity before signing, dating and stamping the form. The Garda may request photographic or other identification. Where the applicant establishes in writing that he is unable to progress the application in this way, the form can be signed by the applicant in the presence of an official of the registration authority who is satisfied as to his or her identity. Again, photographic or other identification may be required. If neither option is viable due to physical illness or physical disability, the application form must be accompanied by a medical certificate.
Electoral law is kept under review. However, I consider that the current arrangements strike a reasonable balance between facilitating voter registration and ensuring that there are adequate measures in place to counteract any possible abuse. Electoral law also provides for significant measures in relation to voter identification and the prevention of personation.
165. Deputy Robert Troy asked the Minister for the Environment; Community and Local Government the way he is calculating cuts to local authorities; the percentage of the household charges that have been collected that will be given to the relevant local authorities; and the way the low level of collection of the charge is going to affect the funding for each county respectively. [42481/12]
Amharc ar fhreagraI assume that the Question refers to general purpose grants from the Local Government Fund. The two principal sources of revenue for the Local Government Fund are the proceeds of motor tax and the income from the Household Charge. The Local Government (Household Charge) Act 2011 provides that income from the household charge is to be paid into the Local Government Fund. The proceeds from the household charge are being re-distributed on an equalised basis to local authorities within the contex t of the annual allocations of general purpose grants.
General purpose grants contribute towards meeting the reasonable cost to local authorities of providing services to their customers. Some €651m in general purpose grants had been allocated to local authorities for 2012. It has been necessary for me to reduce general purpose grant funding to local authorities in the third quarter of this year in light of the level of compliance with the household charge.
It is estimated that there are some 1.6 million residential properties potentially liable for the household charge. As such, if collected in full, the household charge has the potential to raise €160 million annually. As of 28 of September 2012 some €10 5.4m or over 65% had been collected nationally. A total of €15,695,292 was withheld from the Quarter 3 general purpose grant payment. For county and city councils, this represented a reduction of between 1% and 3% of the total general purpose grant allocation for 2012.
Local authorities can maintain the remainder of their general purpose grant allocation for 2012 through improved household charge compliance in the coming weeks. Those authorities achieving the average collection rate of 65% nationally will not have a further reduction in their final quarter general purpose grant payment. Local authorities achieving a collection rate of 60-65% will incur a further reduction of 0.5%, while those authorities achieving a compliance rate below 60% will incur a further 1% reduction in their annual allocation. The final amount of general purpose grants available for 2012 will be revisited and reviewed in mid-November to take account of the financial position at that stage, including progress on securing an increased household charge yield.
I am confident that the level of general purpose grants together with other Government grants and subsidies, and income raised from local sources, is appropriate to meet the costs of providing a reasonable level of local authority services to communities.
166. Deputy Tom Fleming asked the Minister for the Environment; Community and Local Government the position regarding an appeal in relation to a rural development Leader funding application for a feasibility study to develop a recreational facility for County Kerry (details supplied); and if he will make a statement on the matter. [42487/12]
Amharc ar fhreagraFor the purposes of implementing Axes 3 & 4 of the Rural Development Programme (RDP), the following areas are excluded:
The City Council boundaries of Dublin, Cork, Galway, Waterford and Limerick
The Borough Council boundaries of Kilkenny, Sligo and Wexford
The Town Council boundaries of Athlone, Ballina, Castlebar, Cavan, Dundalk, Ennis, Killarney, Letterkenny, Mallow, Monaghan, Mullingar, Tralee, Tuam and Tullamore.
During negotiations in respect of the Rural Development Programme, the European Commission indicated that the OECD definition of rural areas should be used to define the rural areas that would be covered by the Programme. The OECD defines rural areas as those with a population density of less than 150 persons per square kilometre. It was considered, in the Irish context, that a more appropriate course of action would be to remove the urban areas defined as hubs and gateways in the National Spatial Strategy from coverage under the Programme.
The use of this definition, rather than a population density calculation, ensures that Axes 3 & 4 Rural Development Programme funding is available to a more significant number of rural areas, which would otherwise not receive funding under the Programme. This approach was adopted following detailed negotiations with the European Commission and is the best possible outcome in relation to Programme coverage. The positive impact on rural areas will far outweigh any potential loss in hubs and gateways and, in overall terms, the level of investment resulting from the Rural Development Programme is a significant boost to the country as a whole.
This specific element of the eligibility of this project was referred to the Eligibility Review Group (ERG) for consideration. The ERG process offers support to Local Development Companies (LDCs) when considering eligibility under the RDP but does not make a definitive ruling on overall project eligibility as that function rests entirely with the LDC. The ERG looks only at the query submitted to it and initially in this case the ERG considered the project ineligible. The project was subsequently submitted for review with additional clarifications and documentation; in this context, I understand that the ERG has informed the LDC, in this case South Kerry Development, that, on the basis of the additional information submitted through the ERG review process, it would consider the proposed project eligible in principle subject to the project meeting all other relevant criteria.
167. Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government if his Department works with local authorities in the delivery of services; and if so, the details of same. [42561/12]
Amharc ar fhreagra170. Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government if his Department engage with local authorities in the provision of services and if so the details of same. [42582/12]
Amharc ar fhreagraI propose to take Questions Nos. 167 and 170 together.
As the second tier of democratic government, local authorities have a special role in the furtherance of national objectives at local level and in sponsoring, developing and implementing approaches based on local needs. As such, local authorities are multi-functional agencies that deliver services on behalf and in support of a number of Government Departments. In particular, local authorities deliver services and/or enforce legislation in connection with a range of issues on behalf of my Department including planning and housing, fire and rescue, environmental protection, maintenance and cleaning of streets and street lighting etc. Local government is the primary vehicle of governance and public service at local level, delivering efficient and good value services to people, performing a wide range of appropriate functions, and representing citizens and communities, as effectively and accountably as possible.
With regard to engagement with local authorities, m y Department’s Senior Management Team meets a number of times each year with the executive of the County and City Managers’ Association (CCMA) to discuss topics of interest including the efficient and effective delivery of services . I hav e also met with the M anagers on a number of occasions and earlier this year I met with the chairs of the CCMA sub-committees to discuss a range of topics. Furthermore, a s a matter of course I attend the annual conferences and seminars of the Councillors’ representative associations – the Local Authority Members Association, the Association of County and City Councils and the Association of Municipal Authorities in Ireland. At these meetings, I generally meet with the officers of the associations and discuss matters of interest, including the delivery of services . Regular visits to individual local authorities also afford me the opportunity to discuss such matters with both Councillors and County/City Managers.
168. Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government if he will provide an update on the national waiver scheme for domestic waste collection services. [42570/12]
Amharc ar fhreagraThe Government’s new waste policy, A Resource Opportunity - Waste Management Policy in Ireland, was published in July 2012. Among the measures included in the policy is the establishment of an interdepartmental working group to report to Government with options to minimise the impact of waste charges on low income households. The working group, which comprises representatives of my Department and the Departments of Social Protection; Public Expenditure and Reform; Finance; and the Tánaiste's Office, is currently engaged in preparing its report for submission to Government by end October 2012.
169. Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government the date on which the household charge will cease; and the date on which the proposed property tax will commence. [42571/12]
Amharc ar fhreagraI refer to the reply to Question No. 147 of 3 October, 2012. Decisions in relation to the household charge will be taken in the context of Government decision-making on the implementation of the local property tax.
171. Deputy Eoghan Murphy asked the Minister for Justice and Equality the way his plans for deploying civil servants from his Department as immigration officials in Dublin Airport are progressing; the number of staff been deployed; the hourly rate anticipated for their redeployment; the actual hourly rate; and if Gardaí are still allocated to these positions to work outside the hours of 9am-5pm; and the way in which this impacts on the cost savings that were originally anticipated in redeploying civil servants to this role. [42386/12]
Amharc ar fhreagraIn February of this year, I introduced on a pilot basis, a project of civilianisation of certain port of entry functions at Dublin Airport. The purpose of the pilot is to test the feasibility of a new model for delivery of immigration services at ports of entry to the State by using a combination of civilian staff and member of An Garda Síochána.
I am pleased to say that the pilot has been a success in demonstrating the feasibility of the new model. The experience and learning from the pilot will form the basis for proposals to extend the model on a full scale basis to Dublin Airport, and possibly to other ports if entry to the State also. These proposals are being finalised and will, of course, be the subject of any necessary Government approval and consultation with all the parties concerned.
The pilot originally operated for 6 months and has been extended for a further period. It was never the principal intention that the pilot itself would result in savings: although, as it transpires, I understand that a result of its introduction, An Garda Síochána have been able to reassign four Garda members to other duties around the State.
The pilot, which was initiated in the context of the terms of the "Croke Park" Agreement with reference to the greater flexibility provisions in it required for the discharge of public services, involved assigning a total of three Executive Officers six (currently seven) Clerical Officers as immigration control personnel operating the passport control booths. They were appointed as immigration officers in accordance with section 3 of the Immigration Act, 2004 and assigned to the Irish Naturalisation and Immigration services (INIS).
The civilian staff undertake administrative tasks including decisions on the grant of permission to enter or refuse entry to the State to non-nationals in accordance with the Immigration Acts and Orders. They do not carry out any arrest or coercive functions (such as detention or removal) which remain the responsibility of An Garda Síochána. All officers selected for the pilot undergo extensive training. The staff concerned are deployed at Pier B in Terminal One between the hours of 9am and 5pm Monday to Friday. No additional core pay or allowances are paid to staff during the operation of the pilot. Requirements for immigration services outside of these hours or at other locations are currently provided by An Garda Síochána who continue to preform their duties on a professional and effective manner.
While An Garda Síochána will continue to have a crucial role to play in the implementation and enforcement of immigration laws, there is the potential for greater use of civilians in the delivery of immigration services, including at ports of entry as demonstrated by the pilot. The pilot project has clearly demonstrated that and I intend to move forward on that basis.
My proposals in this area are driven with a number of goals in mind, including:
- the release of Garda members to undertake core policing functions;
- to provide a more cost effective way of providing immigration services including at ports of entry to the State;
- to deliver on the aims of the Public Service Agreement 2010 – 2014 (“Croke Park” Agreement) and the commitments therein by changing the way in which the Public Services are delivered to continue to meet the need for services and improve the experience of service users.
172. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the current proposals regarding the future of Lisbrook Direct Provision Centre for Refugees, Galway; if all residents of Lisbrook who wish to remain in Galway will be facilitated in this way; and if he will make a statement on the matter. [42458/12]
Amharc ar fhreagraThe Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal.
In relation to the RIA's decision not to renew the contract for direct provision services at Lisbrook accommodation centre, Galway, I decided to review the background circumstances relating to that decision. This was done in the light of representations received on a number of issues, including the impact on school children of such a closure whilst bearing in mind the need for RIA to manage its diminishing budget efficiently in the context of the current critical budgetary situation. During that review, arrangements for the transfer of residents from Lisbrook accommodation centre were suspended.
Pending the conclusion of this review, this remains the position.
