Written Answers Nos. 161-185
162. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide an update on the establishment of the National Oversight and Audit Commission for Local Government; and the name of the independent chair and the membership. [5418/13]
Amharc ar fhreagraThe Action Programme for Effective Local Government , which I published in October 2012, sets out Government policy for reform of local government and, inter alia, includes the establishment of a National Oversight and Audit Commission (NOAC).
The NOAC will provide an independent high quality scrutiny of local government performance in fulfilling national, regional and local mandates. It will involve external evaluation expertise, political and administrative experience, and an independent chair. The Commission will operate partly through Regional Oversight Committees under the aegis of the regional assemblies and will report publicly and to relevant Ministers, Oireachtas Committees, regional assemblies and local authorities.
The establishment of the Commission will be undertaken as part of the implementation of the overall provisions in the Action Programme.
163. Deputy Seán Crowe asked the Minister for the Environment, Community and Local Government the equalisation method his Department will apply when distributing funds to local authorities based on the new property tax. [5416/13]
Amharc ar fhreagraThe introduction of the Local Property Tax will provide a more sustainable funding model for local government, will devolve greater responsibility for financial decisions to the local level, and will help renew the relationship between the citizen and his or her local authority. In distributing Local Property Tax income to local authorities through the Local Government Fund, I will seek to ensure that a significant element of the tax is retained in the local authority area in which it is collected in order to fund essential local services in our communities.
Currently, general purpose grants from the local government fund are structured to bring about equalisation over time: that is , a position of balance where the financial needs of local authorities are met by their resources and they are able to provide an appropriate level of service to their customers. Local authority cost and income bases vary significantly from one another and calculating an appropriate distribution of these grants is complex.
In determining these grants a number of factors are taken into account including the overall funding available for this purpose, the estimated cost to each authority of providing a reasonable level of services to their customers, the income each authority should generate from local sources and the necessity to provide each authority with a baseline allocation that will support its financial stability .
In time, local authorities may vary the local rate of the Local Property Tax. This function will improve the governance of local authorities by strengthening their accountability to local taxpayers. The tax will alter the relationship between the citizen and his or her local authority in a way which will be altogether beneficial for good governance. As noted in the Action Plan for Effective Local Government, Putting People First, if local elected members have relatively little responsibility for raising revenue, their rigorousness in prioritising its allocation, overseeing its efficient use and stewardship, and oversight in relation to the performance and management of local authority operations generally, is likely to be diminished.
Currently, different local authorities vary in their degree of dependence on the local government fund. Differences in population densities and settlement patterns will, of course, have an impact on the extent to which a given local authority will be funded by the Local Property Tax. In accounting terms, the gearing of funding from local authority to local authority will differ and as such, equalisation measures may be needed to address such variations.
164. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government the details of the membership of the Implementation Group on Local and Community Development established under Putting People First, the Action Programme for Effective Government; its terms of reference, role and remit; if he will provide details of the community representatives on this group; and if he will make a statement on the matter. [5581/13]
Amharc ar fhreagraAn Alignment Implementation Group will be established by my Department to assist and advise on the implementation of the recommendations of the Alignment Steering Group. The Implementation Group will be chaired and managed by my Department and comprise representatives from local government (via the City/County Managers Association) local development (from the Irish Local Development Network) and Pobal. It will be open to the Group to invite other stakeholders to contribute as required.
The Implementation Group will input to the practical arrangements necessary to give effect to the new local structures, including the new Socio-Economic Committees to be established in each local authority administrative area. The Group will also inform and support actions in respect of capacity building for the Socio- Economic Committees, local authorities and local development companies.
Nominations have been sought from the respective parties. The Implementation Group will convene its first meeting shortly.
Question No. 165 answered with Question No. 134.
166. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the funding provided under the local development and community programme in each year since 2009, including the estimated provision for 2013; and if he will make a statement on the matter. [5587/13]
Amharc ar fhreagraThe Local and Community Development Programme, launched on 1 January 2010, superseded the Local Development Social Inclusion and the Community Development Programmes. Funding for the Local and Community Development Programme in the years in question is outlined in the following table.
|
Year |
Expenditure |
|
2009* |
€73,393m |
|
2010 |
€67,454m |
|
2011 |
€62,445m |
|
2012 |
€53,682m (provisional outturn) |
|
2013 |
€49.007m (allocation) |
* Combined funding under the Local Development Social Inclusion Programme and Community Development Programme
167. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government in view of the potential change to the RAPID scheme, if it is envisaged that additional funding will be provided to local authorities who have RAPID areas under their jurisdictions to assist with these extra commitments or if local authorities will be required to source funds from existing resources for this purpose; and if he will make a statement on the matter. [5404/13]
Amharc ar fhreagra204. Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government the funding provided for RAPID co-ordinators in 2013; the steps he has taken to ensure that local authorities provide funding for RAPID co-ordinators; and if he will make a statement on the matter. [5580/13]
Amharc ar fhreagraI propose to take Questions Nos. 167 and 204 together.
RAPID (Revitalising Areas by Planning, Investment and Development) areas are urban areas designated as disadvantaged by reference to a range of socio-economic criteria including the levels of early school leaving; the proportion of one parent households; the unemployment rate; the proportion of social housing; and the age dependency rate. The RAPID programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion in RAPID areas nationally. The programme has made substantial progress in identifying the needs of disadvantaged communities and in bringing forward appropriate local projects in response to those needs.
My Department has provided an indicative allocation of more than €2 million for RAPID in 2013, which will mainly be used to meet the Department’s existing contractual commitments on RAPID projects throughout the country, mainly Sports Capital top-ups and CCTV systems, jointly funded by the Departments of Transports, Tourism and Sport and Justice and Equality respectively. My Department is not in a position separately to meet the salary costs, for 2013, of RAPID coordinators, who are local authority employees, but is providing significant general purpose funding to local authorities under the Local Government Fund to assist in meeting day-to-day operational costs.
168. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his plans for a planning regulator; and if he will make a statement on the matter. [5567/13]
Amharc ar fhreagraThe Government published its response to the recommendations of the Final Report of the Mahon Tribunal on 19 July 2012 including in respect of an independent planning regulator, to which it has agreed in principle. I also discussed this specific recommendation with the Joint Oireachtas Committee on the Environment, Culture and the Gaeltacht on 29 January 2013.
In that context, I am now further examining possible options for implementing the recommendation, taking into account the views expressed by the members of the Joint Oireachtas Committee and with a view to developing a comprehensive response to all of the planning recommendations in the Mahon Report for early decision by the Government.
169. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the progress made in introducing, in line with the programme for Government, a public service obligation which would include a fee waiver scheme in respect of low income households for waste collection services. [5414/13]
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, submitted its first report to Government on 11 December 2012. Government considered the report and the working group is to continue to examine the design and implementation of measures to address the issue and will provide a further report to Government by 31 March 2013.
Another measure of the Government’s waste policy is the revision of the current regulatory regime, to ensure, inter alia, that waste collection providers have Customer Charters in place. The Customer Charters will be required clearly to set out information for customers in relation to issues such as charging structures, procedures for dealing with customers who may fall into arrears, and arrangements for switching from one waste collector to another. I wrote to the waste management industry in September and October, 2012 in relation to the development of such charters and I understand that a number of waste collection providers have already put in place a Customer Charter ahead of the development of the new regulatory regime. I further understand that a number of waste collection operators have notified former local authority customers of the offers and discounts available to those previously in receipt of a local authority waste collection waiver.
Question No. 172 answered with Question No. 140.
173. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the total funding provided under the current Leader programme for projects; the amount committed to date and the amount spent; and if he will make a statement on the matter. [5590/13]
Amharc ar fhreagraThe following table outlines the requested information as at 29 January 2013. In late 2011 the European Commission approved a change in co-funding rates for Rural Development Programmes (RDP) for countries that are part of the Financial Stabilisation Mechanism. This change enabled Ireland to increase the co-financing rate from 55% to 85% under the Axes 3 and 4 elements of the RDP and came into force on 1 January 2012.
The change involves an increase in the co-financing rate to 85% for 2012 and 2013 without a concomitant increase in the amount of funding to be provided by the EU. Accordingly the overall funding available to the programme has changed from an original amount of €427 million to an estimated amount of €314 million (€252 million of which is estimated to be the project allocation).
The new co-financing rate applies to expenditure incurred in 2012 and 2013 only and the estimated programme complement of €314 million has been calculated on that basis. From 1 January 2014 the co-financing rate will revert to 55% for any remaining unspent funding which will necessitate a further revision of the programme complement at that time. In this context and on the basis of extrapolations from the annual levels of expenditure to date it is estimated that the final programme complement will be approximately €370 million.
|
RDP Measure |
Current Project Allocation (€314 Complement) |
Estimated final Project Allocation (€370 Complement) |
Commitments |
Expenditure |
|
311 - Diversification |
€12,265,335.00 |
€14,387,209.71 |
€7,373,944.36 |
€5,362,320.07 |
|
312 - Business creation |
€35,529,718.00 |
€41,676,274.94 |
€26,142,749.89 |
€13,072,341.54 |
|
313 - Tourism |
€33,424,144.00 |
€39,206,441.83 |
€28,586,519.79 |
€11,192,613.34 |
|
321 - Basic Services |
€36,523,608.00 |
€42,842,105.26 |
€42,066,027.83 |
€17,491,311.71 |
|
322 - Village renewal |
€39,902,833.00 |
€46,805,928.35 |
€32,365,436.04 |
€19,054,932.96 |
|
323 - Conservation and upgrading |
€39,645,158.00 |
€46,503,676.04 |
€18,984,266.07 |
€9,188,798.90 |
|
331 - Training |
€21,681,521.00 |
€25,432,372.51 |
€16,162,343.49 |
€5,074,824.32 |
|
341 - Skills acquisition, animation |
€25,495,113.00 |
€29,905,706.62 |
€6,843,665.21 |
€894,170.35 |
|
421 - Co-operation |
€7,877,496.00 |
€9,240,284.75 |
€4,488,603.22 |
€762,369.70 |
|
Total |
€252,344,926.00 |
€296,000,000.01 |
€183,013,555.90 |
€82,093,682.89 |
174. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government his priorities for the EU Presidency; and if he will make a statement on the matter. [5573/13]
Amharc ar fhreagraMy Department’s EU Presidency priorities fall under three broad headings – strategy, legislation and the international agenda.
On strategy, my main focus is on the 7 Environment Action Programme which sets out the priority objectives for EU environment policy for the next ten years. I am aiming to achieve First Reading Agreement on this dossier. The second policy priority will be the European Climate Adaptation Strategy. Following the expected publication of a proposal by the Commission in March 2013, I am aiming to agree Council conclusions at the June 2013 Environment Council meeting.
I will also be prioritising a range of legislation aimed at protecting Europe’s natural resources and environment and will seek First Reading Agreements on the following dossiers:priority Substances in Water; batteries; CO2 emissions from new cars and vans; ship Recycling, and two amendments to the Emissions Trading Scheme, in relation to backloading and aviation.
I also intend to progress a number of other key files, particularly those on fluorinated greenhouse gases, the LIFE programme, the recast of the Environmental Impact Assessment (EIA) Directive, and the proposed Directive on Indirect Land-Use Change.
The Presidency also has a significant international environmental agenda in four priority areas. Firstly, the final round of negotiations took place in mid January at the fifth session of the UN Intergovernmental Negotiating Committee (INC5) in Geneva, where agreement was reached on a global, legally binding instrument on mercury. Secondly, there will be the follow up to the outcome of the Doha Conference of the Parties (COP) to the UN Framework Convention on Climate Change. Thirdly, there will be the follow-up to the Rio+20 Conference on sustainable development and, lastly, “back to back” meetings will take place in Geneva during a two-week period in April/May 2013 regarding the three UN Waste and Chemicals Conventions – the Basel, Rotterdam and Stockholm Conventions. In all of these areas, the Irish Presidency will be playing a leading role on behalf of the EU.
Finally, as evidenced in the recently published Presidency programme, Ireland will be pursuing an ambitious green theme running throughout its Presidency. Resource efficiency, sustainable development and the advancement of the green economy, with a particular focus on green jobs, will all feature across a range of Council formations. This process will be assisted by way of environmental input into the European Semester, building on the work already done by the Cypriot Presidency.
Ireland’s Presidency agenda in relation to Biodiversity matters, at EU and international level, is being led by my colleague the Minister for Arts, Heritage and the Gaeltacht.
175. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the steps that have been taken to integrate local transport plans as part of local development plans. [5576/13]
Amharc ar fhreagraThe integration of local transport is a key feature of national, regional and local development planning and is further strengthened through the Planning and Development (Amendment) Act 2010. This provides for greater consistency of plans at regional, city/county and local level, including through the requirement for a core strategy to be incorporated into development plans to reinforce the practice of including evidence-based policy objectives in future development plans. These new provisions are being reflected and implemented in new development plans and in variations to existing plans, and planning authorities are ensuring that local area plans are consistent with the development plan thereafter.
I am further strengthening transport planning in local development planning by a more formalised process of integration through the statutory planning guidelines for planning authorities. In this context, the forthcoming Guidelines to Planning Authorities on Local Area Plans, which I expect to publish shortly outline, will encourage, among the key policies and objectives for inclusion in local area plans, smarter travel patterns through more compact, less sprawling, and better structured urban areas . They will also promote more sustainable and healthier travel habits such as walking, cycling, and the use of public transport.
I will, in addition, provide an update of the Development Plan Guidelines during the coming year, inter alia, further to strengthen the integration of transport planning and forward planning.
176. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government the funding, current and capital, provided to the Western Development Commission for each of the years since 2009 including the estimated provision for 2013; and if he will make a statement on the matter. [5586/13]
Amharc ar fhreagraThe total amount of funding both current and capital provided to the Western Development Commission since 2009 is detailed in the following table.
|
Year |
Current €000 |
Capital €000 |
|
2009 |
2,157 |
2,300 |
|
2010 |
1,683 |
492 |
|
2011 |
1,458 |
- |
|
2012 |
1,387 |
- |
|
2013* |
1,545 |
- |
*Estimated provision for 2013
Current funding is provided for operating costs including pay, pensions and other running costs.
Capital funding was provided for the Western Investment Fund (WIF) and ceased in 2010 as the upper limit of a Government Decision made in 1998, sanctioning Exchequer capital funding to a maximum of £25m or €31.7m was reached.
177. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government if he will provide details of the membership of the Inter-Departmental Group on Local and Community Development established under Putting People First, the Action Programme for Effective Government; its terms of reference, role and remit; the proposed timescale for the production of its report; and if he will make a statement on the matter. [5579/13]
Amharc ar fhreagraThe Final Report of the Local Government/Local Development Steering Group recommended that an Inter-Departmental Group should be established to lead and oversee the implementation of a coherent whole-of-government approach to planning, management and delivery of local and community development interventions and programmes. The Inter-Departmental Group will be small and task-focused and comprise those Government Departments (and State Agencies) with a direct local and community development programme involvement.
My Department has had on-going engagement with the key Departments in recent months around the alignment recommendations. I expect the membership of the Group to be confirmed in the coming weeks and the first meeting to be convened shortly thereafter.
The Inter-Departmental Group will be responsible for supporting the development of a national Local and Community Development Policy; the development of capacity in both the local government and local development sectors; leading and overseeing the development of common impact measurement and an assessment framework for local and community programming; considering a shared approach to the administration of local and community programmes and actions; and advising on alignment issues.
178. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the progress that has been made on legislating to ensure that local authorities take housing estates in charge after three years. [5577/13]
Amharc ar fhreagraSection 180 of the Planning and Development Acts 2000 - 2012 applies to estates which have been granted planning permission and includes the construction of two or more houses (which as defined in the Act includes apartments) and the provision of new roads, open spaces, car parks, sewers, watermains or drains.
In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, section 180 provides that the planning authority must, if requested to do so by the developer or by the majority of the qualified electors who are owners of the houses involved, initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible.
Section 11 of the Roads Act empowers a local authority to, by order, declare any road over which a public right of way exists to be a public road. Before making an order the local authority must be satisfied the road is of general public utility, consider the financial implications of taking the road in charge and consult with the public/consider any objections received. The consideration of the objections and the making of the order declaring the road to be a public road is a reserved function, so that the decision whether to take the road in charge is ultimately one for the discretion of the elected members.In relation to estates which have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the procedures in section 11 of the Roads Act. However, in this case the section provides that the provision in section 11 of the Roads Act requiring the authority to consider the financial implications of taking the road in charge is to be disregarded.
Section 180 also provides that where a planning authority, in complying with section 180, makes an order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development.
Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority consider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.
179. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which any evaluation has taken place of the local authority housing shortage with particular reference to the total numbers of people registered as being in need of local authority housing by way of the housing lists currently registered on a county by county basis; if it is envisaged to adopt any particular strategy to address the issue, mindful of the cost of rent support in the absence of an adequate local authority housing stock; if he will consider a short to medium term plan to address the issue; and if he will make a statement on the matter. [5502/13]
Amharc ar fhreagraI am determined to ensure that the social housing programme 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 €332.7m in 2012, with an anticipated outturn of some €299m for 2013, and the financial parameters within which we will be operating for the coming years rule out a return to large capital funded construction programmes. 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 forced to operate, the projected outcome for 2012 is expected to be in the region of 4,000 to 4,500 housing units. Given the current volatility of the market and different challenges to the channels of supply, it is difficult to estimate the likely output of new units for social housing this year. However, it is provisionally estimated that in the region of 5,000 units will be provided for social housing in 2013.
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. 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 engaged with NAMA to ensure delivery of housing units for social purposes.
My Department does not hold information on the number of households on local authorities’ waiting lists. This figure continuously fluctuates as households are allocated housing and new households apply for housing support. Detailed information on the latest statutory assessment of housing need carried out in March 2011, including a breakdown by housing authority, is available on my Department’s website – www.environ.ie or on the Housing Agency’s website at www.housing.ie.
180. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government when the Climate Change Bill will be published; the reason for the delay; and if he will make a statement on the matter. [5080/13]
Amharc ar fhreagra199. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the timeframe for the publication of a Climate Change Bill; his plans to tackle climate change; and if he will make a statement on the matter. [5570/13]
Amharc ar fhreagra203. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government his plans for a Low Carbon Bill; and if he will make a statement on the matter. [5571/13]
Amharc ar fhreagraI propose to take Questions Nos. 180, 199 and 203 together.
I refer to the replies to Priority Question Nos. 132 and 139 on today’s order paper.
Tackling climate change is a global challenge which is being addressed through the ongoing work under the United Nations Framework Convention on Climate Change. I am satisfied that Ireland’s greenhouse gas mitigation achievements in the first commitment period under the Kyoto Protocol and our preparations to achieve further emission reductions over the second commitment period to 2020, including through the Programme for the development of national climate policy and legislation, and through our active participation in the EU’s climate agenda, are consistent with our constructive engagement in the international response to climate change.
181. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government the steps he has taken to clamp down on illegal environmental crime; and if he will make a statement on the matter. [5574/13]
Amharc ar fhreagraThe effective prevention, detection and prosecution of environmental crime is an increasingly complex and multi-agency area of criminal justice. My Department’s role is to provide a comprehensive environmental legislative and policy framework within which the relevant enforcement authorities operate. Much enforcement activity takes place at local authority level, with the support, as appropriate, of the Environmental Protection Agency (EPA), the Revenue Commissioners, An Garda Síochána and other bodies. The Office of Environmental Enforcement within the EPA has a mandate to deliver enhanced environmental compliance through enforcement of EPA licences issued to waste, industrial and other activities. It also exercises a supervisory role in respect of the environmental protection activities of local authorities.
I have made clear my commitment to support the work of the EPA and the local authorities in this vital area. Income from the Environment Fund is used to support a range of enforcement measures. Specifically, I am providing funding to support the work of 120 waste enforcement officers in the local government sector. The level of intimidation to which local authority staff engaged in such work have been subjected is also a cause of concern. As part of the implementation of the Government’s new waste policy, A Resource Opportunity, my Department is working closely with the full range of enforcement agencies within the State to ensure a robust enforcement framework is in place both to deter and respond to such criminal activity.
182. Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government the funding provided to the community sector for social partnership in 2013; and if he will make a statement on the matter. [5588/13]
Amharc ar fhreagraSince 2007 my Department has provided annual funding to the Community Members of the Social Partnership Pillar. This funding has been awarded to support costs, not funded from any other sources, directly related to the organisations’ contribution to policy-making in the social partnership process. In 2013 funding of some €560,0 00 will be provided under the Scheme.
183. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government if the budget for housing adaptation grants have been approved for local authorities in 2013; and when this announcement is due to be made. [5406/13]
Amharc ar fhreagraWork is currently underway on preparing the capital allocations under the housing programme for 2013, including the suite of Grants for Older People and People with a Disability. As part of this process, my Department requested local authorities to submit details of their funding requirements under the grant schemes. The information received is being assessed at present. I intend to announce details of the capital allocations to individual authorities as soon as possible.
184. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government his plans for dealing with anti-social behaviour issues across housing tenures in view of his commitment to do this in its programme and the great hardship faced by many persons in their homes due to this problem. [5550/13]
Amharc ar fhreagra551. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the action he is taking as part of the Programme for Government commitment to tackle anti-social behaviour in all housing tenures and if he will outline any successes or initiatives already in operation. [5112/13]
Amharc ar fhreagra559. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will introduce enhanced measures to tackle the problem of anti-social behaviour in private residential estates and complexes; and if he will make a statement on the matter. [5222/13]
Amharc ar fhreagraI propose to take Questions Nos. 184, 551 and 559.
Housing authorities have a range of statutory housing powers to assist them in tackling anti-social behaviour in their housing stock. These powers include the power to refuse to allocate, or to refuse to sell, a dwelling to a person engaged in anti-social behaviour and the power to seek a court order excluding a person engaged in anti-social behaviour from entering a local authority dwelling or estate for a period of up to 3 years. Each housing authority also has a statutory duty to adopt and review an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock, which must provide for co-operation with other relevant bodies, notably the Gardaí, who have a range of measures in place to deal with allegations of such behaviour generally.
I intend to commence section 29 of the Housing (Miscellaneous Provisions) Act 2009 this year and to make the necessary regulations to give effect to the Programme for Government commitment to introduce a 12-month probationary tenancy for all new social housing tenants, which will include provision for termination in the event of anti-social behaviour.
Proposals for new housing legislation currently being developed in my Department will include a revised procedure to replace section 62 of the Housing Act, 1966, which will be designed to enable housing authorities to recover possession of their dwellings from households engaged in anti-social behaviour. I am also examining the scope for making the excluding order powers of housing authorities more effective in tackling anti-social behaviour without having to evict entire families from their homes. In the context of the new legislation, I am giving particular consideration to the issue of anti-social behaviour in the arrangements to be made for transferring responsibility for rent supplement households with an established long-term housing need from the Department of Social Protection to housing authorities.
While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána in terms of private residential estates and complexes, under Section 15 of the Residential Tenancies Act 2004 a landlord of a dwelling owes a duty to enforce the obligations of the tenant to each person who could be potentially affected by the breach of those obligations.
The Act specifically prohibits a tenant in a private residential tenancy from engaging in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour. This termination is subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour.
Section 77 of the Residential Tenancies Act also provides that a third party who is directly and adversely affected by anti-social behaviour may refer a complaint to the Private Residential Tenancies Board (PRTB) against a landlord who has failed to enforce tenant obligations. It also allows the PRTB to furnish the name and address of the landlord concerned to a person who proposes to make such a complaint. However, the third party complainant must have taken reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned before referring the complaint to the PRTB.
The effectiveness of these provisions was clearly demonstrated in a recent case taken in Cork against the landlord of two properties the tenants of which were found to be engaging in anti-social behaviour. A group of 13 residents took a case to the PRTB and were awarded combined damages of just under €30,000 against the landlord for his failure to address the behaviour of his tenants.
185. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government the funding being provided for the seniors alert scheme in 2013; and if he will make a statement on the matter. [5589/13]
Amharc ar fhreagraThe Seniors Alert Scheme provides grant assistance towards the purchase and installation of equipment to enable older persons, without sufficient means, to continue to live securely in their homes with confidence, independence and peace of mind. Funding for the 2013 Seniors Alert Scheme will be similar to the allocation made in 2012 and will be finalised in the revised estimates volume to be published by the Minister for Public Expenditure and Reform. The Scheme is administered by local community and voluntary groups with the support of my Department.
