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Tuesday, 21 May 2013

Written Answers Nos. 497 - 516

Unfinished Housing Estates

Ceisteanna (497)

Jack Wall

Ceist:

497. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 427 of 23 April 2013, if he will provide in tabular form the number of site resolution plans that have been completed by each local authority; the percentage of the overall number of unfinished estates in each local authority area; and if he will make a statement on the matter. [24086/13]

Amharc ar fhreagra

Freagraí scríofa

Data from individual local authorities on the number of site resolution plans are not held in my Department on an on-going basis. At the time of the publication of the 2012 National Housing Survey 136 developments had site resolution plans completed with a further 75 in the process of being completed. A further 770 SRP’s had been requested or initiated by the relevant local authority while 523 locations were being resolved through developer/funder or receivership led initiatives.

Emigration Data

Ceisteanna (498)

Pearse Doherty

Ceist:

498. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will confirm the funding that he is providing to the National Youth Council of Ireland for the research on emigration which formed the basis of the recent report Time to Go a qualitative research study exploring the experience and impact of emigration on Ireland’s youth. [24124/13]

Amharc ar fhreagra

Freagraí scríofa

The Scheme to support organisations participating in the National Partnership as Members of the Community and Voluntary Pillar provides funding to organisations to undertake research and policy work which contributes to social policy in Ireland.

In 2012, the National Youth Council of Ireland received €20,000 from my Department in support of social partnership of which €6,192 was spent on research on youth emig ration. The report was published earlier this month. The National Youth Council also received €50,000 under my Department’s scheme of support for National Organisations in the Voluntary Sector.

Traveller Accommodation

Ceisteanna (499)

Michael Healy-Rae

Ceist:

499. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the amount of money not drawn down by local authorities in 2010, 2011 and 2012 in respect of traveller accommodation; and if he will make a statement on the matter. [24208/13]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Housing (Traveller Accommodation) Act 1998, statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller accommodation programmes, designed to meet the accommodation needs of Travellers, rests with individual housing authorities. 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 provides 100% capital funding to housing authorities for Traveller-specific accommodation. Traveller families are also accommodated in local authority social housing dwellings, which are funded through the main local authority social housing programme. The capital allocations and amounts recouped in respect of Traveller-specific accommodation over the period 2010-2012 are set out in the following table:

YEAR

Allocation

(€)

Amount Recouped

(€)

2010

3 5,000,000

16,108,693

2011

15,000,000

9,314,910

2012

6,000,000

4,000,000

Climate Change Policy

Ceisteanna (500)

Andrew Doyle

Ceist:

500. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will provide an update on where his Department's own version of Energy Security and Climate Change legislation is currently at; when he expects to be in a position to publish the legislation; and if he will make a statement on the matter. [24235/13]

Amharc ar fhreagra

Freagraí scríofa

In line with the commitment in the Programme for the development of national climate policy and legislation, I have released the outline Heads of a Climate Action and Low-Carbon Development Bill, together with the second and final policy analysis report from the NESC Secretariat, for consideration by the Oireachtas Joint Committee on the Environment, Culture and the Gaeltacht and stakeholders.

I have asked the Joint Committee to play a central role in the national climate policy and legislation development process. Having considered the outline Heads of the Bill, the NESC Secretariat analysis and the views of stakeholders, I expect the Committee to forward a report to me around mid-2013. That report and the NESC Secretariat analysis will be key inputs for consideration by Government in adopting a national policy position on the transition to a low-carbon future, and finalising the introduction of climate legislation in the second half of 2013.

Septic Tank Registration Scheme

Ceisteanna (501)

Billy Timmins

Ceist:

501. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding septic tank registration (details supplied); and if he will make a statement on the matter. [24246/13]

Amharc ar fhreagra

Freagraí scríofa

The Water Services (Amendment) Act 2012 requires the owner of a premises connected to domestic waste water treatment system to ensure that the system is registered on a register established and maintained by the local authority in whose functional area the system is located. Section 70B(5) of the Act provides that a certificate of registration for a domestic waste water treatment system issued to the owner will be valid for five years. The Act also requires the owner to renew the certificate of registration on or before the expiry date. However, the legislation does not provide for a re-registration fee and I have no plans to introduce such a fee.

Water Services Funding

Ceisteanna (502)

Alan Farrell

Ceist:

502. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government if he will clarify the comments (details supplied) in relation to the possibility of Dublin businesses having to pay increased water rates once control is with Irish Water; the processes that are in place to ensure that local authorities can sufficiently develop a programme of delivery of water services under the responsibility of Irish Water; and if he will make a statement on the matter. [24268/13]

Amharc ar fhreagra

Freagraí scríofa

The Water Sector Reform Implementation Strategy, which is published on my Department’s website, is focused on ensuring that appropriate policy and legal frameworks are put in place for Irish Water and the water sector. A key objective is to rationalise the cost of the current service delivery and ensure more efficient operation of water services by moving from 34 water services authorities to a single body; following enactment of comprehensive legislation later this year, Irish Water will, therefore, become the water services authority from 1 January 2014.

Irish Water will be working in partnership with local authorities to achieve its aims. Work is ongoing on developing the framework for the service level agreements which will govern the delivery of water services by local authorities on behalf of Irish Water from 1 January 2014.

It will be a matter for the Commission for Energy Regulation in due course to satisfy itself in relation to the appropriateness of costs incurred in the operation of Irish Water as part of the process of setting the tariffs for both the domestic and non-domestic sector in the future. It is envisaged that the Commission will engage in public consultation as part of this process.

Insofar as future capital investment is concerned, it is envisaged that in developing investment plans for public water services, Irish Water will take account of the requirements flowing from the programmes of measures in River Basin Management Plans, and the need to support economic and regional development. The relationship between Irish Water and local authorities in the water services investment planning process and in relation to local economic development will be addressed under the Implementation Strategy. These are matters which will be developed as part of the comprehensive legislation planned for later this year and will be covered in related guidelines where required.

Pyrite Resolution Board Remit

Ceisteanna (503)

Alan Farrell

Ceist:

503. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government if he will provide an update ion the Pyrite Resolution Board and the establishment of the remediation process; and if he will make a statement on the matter. [24270/13]

Amharc ar fhreagra

Freagraí scríofa

The Pyrite Resolution Board is finalising work on developing the scope and detail of a pyrite remediation scheme, including the terms and conditions of the scheme dealing with eligibility, assessment criteria, procedures, priorities, etc. I understand that it hopes to have this work completed very shortly.

The Board is also in the final stages of developing the initial phase of a website which it intends will go live in the immediate future. The initial phase of the website will host relevant information and advice for homeowners in relation to the proposed scheme. The next phase of the website will include an online application system; this will take a further six to eight weeks to complete.

Following Government approval of the general scheme of a Pyrite Remediation Bill, work is now under way, as a matter of urgency, on developing the Bill and it is my intention that it will be published and enacted in the shortest possible timeframe.

The three construction stakeholders, the Construction Industry Federation, the Irish Concrete Federation and HomeBond, are currently in the process of establishing a not-for-profit entity to operate the pyrite remediation programme under the supervision of the Pyrite Resolution Board. Discussions are also continuing with a number of financial institutions with a view to making a loan facility available to the not-for-profit entity to facilitate the early commencement of a remediation scheme.

Building Regulations Compliance

Ceisteanna (504)

Michael Creed

Ceist:

504. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government if he will outline the transitional arrangements that he envisages on the introduction of the Building Control Act on 1 March 2014; the way these might apply to those who are currently engaged in exams under the RIAI but who may not have those completed by the 1 March 2014 deadline; and if he will make a statement on the matter. [24277/13]

Amharc ar fhreagra

Freagraí scríofa

Section 6 of the Building Control Act 1990 provides for the making of building control regulations which, among other things, may require the submission to building control authorities of certificates of compliance with the requirements of the building regulations and may prescribe the designation of the persons or the classes of persons by whom certificates of compliance may be given.

With effect from 1 March 2014 the Building Control (Amendment) Regulations 2013 will require, among other things, that design drawings demonstrating compliance with the requirements of the second schedule to the Building Regulations be lodged with the local building control authority prior to commencement of works and that a registered professional be assigned to inspect the implementation of the design during construction so that he/she is in a position to certify the completed building for compliance with the requirements of the second schedule to the Building Regulations. The statutory certificates of completion underpinning the procedures outlined must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors maintained in accordance with parts 3 and 5 respectively of the Building Control Act 2007 or on the register of chartered engineers established under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.

Architects, Building Surveyors and Chartered Engineers are the construction professions typically involved in the design of construction works in Ireland. It is open to persons who possess the requisite experience and competence in the design of buildings to seek inclusion on either of the statutory registers of architects or building surveyors as established under Part 3 and Part 5 respectively of the Building Control Act 2007. Inclusion on either register will enable a person to sign statutory certificates of compliance as provided for under the new regulations when they come into effect on and from 1 March 2014. Given that the regulations were signed into law on 8 March 2013, a reasonable period of transition has been given during which persons who may be entitled to inclusion on either register may now seek to so register. There is no question of unregistered persons being allowed to sign statutory certificates of compliance when they come into effect on and from 1 March 2014.

I have recently asked Mr. Garrett Fennell, Solicitor, who is currently serving as the Chairperson of the Admissions Board relevant to the register of Architects, to carry out an independent review of the experience to date in relation to the operation of the register with a view to identifying any further improvements that can be made at this point.  The terms of reference for the review specifically address the matter of how the registration of practically trained architects can be further encouraged and I look forward to any recommendations and views the review report may offer in this regard in the coming months.   

My Department will continue to work closely with the professional bodies, including the RIAI and the Construction Industry Federation to ensure a smooth transition to the new arrangements for the control of building activity. The RIAI has not to date raised any concerns with the Department along the lines referred to in the question.

Local Authority Housing Maintenance

Ceisteanna (505)

Maureen O'Sullivan

Ceist:

505. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government in view of the fact that money was secured for an intensified inspection scheme for Dublin City Council, investigating private accommodation in parts of Dublin city, if he will provide funding for the local authority, Dublin City Council, to assist in opening and developing the many empty housing units in their charge, especially at a time of significant housing needs and long lists and in view of the fact that there are many persons currently out of work. [24283/13]

Amharc ar fhreagra

Freagraí scríofa

This year my Department has allocated in excess of €56 million to Dublin City Council in respect of their 2013 social housing programme. This includes €31m for regeneration in both Ballymun and Dublin City and some €9.8 million under the Remedial Works Scheme for the refurbishment of tenanted and vacant units in Liberty House and Bunratty, Phases 1 and 2.

Under my Department's social housing investment programme, local authorities are allocated funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock. The programme includes a retrofitting measure aimed at improving the energy efficiency of older apartments and houses by reducing heat loss through the fabric of the building. In 2011 and 2012 the retrofitting measure largely focused on improvement works to vacant houses with the objective of returning as many as possible of these dwellings to productive use and combating dereliction and associated anti-social behaviour. Over that period some 680 units were refurbished in the Dublin City Council area at a cost of almost €11.5 million.

This year my Department is placing greater emphasis on improving the living conditions and comfort levels for persons in tenanted properties. The enhancement of energy efficiency standards is a priority within my Department and I recently announced a revised energy retrofitting measure for 2013 which target grants at those older houses and apartments which lack adequate insulation and draught-proofing. Local authorities are asked to pay particular attention to dwellings which accommodate older people and people with disabilities.

This retrofitting programme offers a very practical and cost-effective way for local authorities to improve the standard of their housing stock. The programme brings immediate as well as long-term benefits for the community as a whole in terms of sustaining and creating jobs, addressing fuel poverty and delivering a greener Ireland for the future.

Planning Issues

Ceisteanna (506)

Maureen O'Sullivan

Ceist:

506. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government in relation to SDZ for Grangegorman if his attention has been drawn to the serious issues of residents in relation to the location of waste storage/sorting/cleaning compound which they feel is in breach of the Grangegorman Draft Planning Scheme as approved by An Bord Pleanála; and if he will make a statement on the matter. [24317/13]

Amharc ar fhreagra

Freagraí scríofa

On 21 December 2010, the Government designated Grangegorman as a Strategic Development Zone (SDZ). On 25 July 2011 Dublin City Council decided to make the Draft Planning Scheme submitted by the Grangegorman Development Agency, and on 2 May 2012 An Bord Pleanála approved the making of a Planning Scheme for the Grangegorman SDZ.

Any breach of the Planning Scheme is a matter for the Grangegorman Development Agency and Dublin City Council. My Department understands from the Council that the matter raised is currently being investigated with a view to resolution as expeditiously as possible. I have no function in relation to any breach of the Planning Scheme.

Redundancy Payments

Ceisteanna (507)

Andrew Doyle

Ceist:

507. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he would deem the payment of an enhanced redundancy package to the former staff members of Irish Local Development Network, who were made redundant on statutory redundancy in February 2010 as eligible expenditure for the company to now make an agreed enhanced package to those staff; and if he will make a statement on the matter. [24330/13]

Amharc ar fhreagra

Freagraí scríofa

The Irish Local Development Network (ILDN) is the umbrella organisation for Local Development Companies (LDCs). These LDCs deliver both the Local and Community Development Programme (LCDP) and the Rural Development Programme 2007-2013 (RDP) on behalf of my Department.

My Department is not, and never has been, the employer of the staff members of the ILDN. The individuals concerned were employed by the ILDN, an independent company limited by guarantee, and had employment contracts with that company. Therefore, any employment-related matters are solely for the board of the company.

My Department has an annual contract with ILDN, and this is renewed on the basis of an agreed and costed annual work plan. The funding provided by my Department to ILDN under the annual contract supports a range of consultative, networking, communication, information and promotional purposes, but cannot be used to fund the cost of enhanced redundancy packages with its staff members.

Local Authority Services

Ceisteanna (508)

Mary Mitchell O'Connor

Ceist:

508. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government if he will provide, in tabular format, the number of children's playgrounds directly provided or facilitated by each county council per 1,000 population; the way this compares to other European countries; and if he will make a statement on the matter. [24331/13]

Amharc ar fhreagra

Freagraí scríofa

The Local Government Management Agency publishes a report on annual Service Indicators in Local Authorities. Two indicators relate to playgrounds and enable comparisons to be made across local authorities in this respect. Specifically, the indicators show the number of children's playgrounds per 1,000 population

- provided directly by the local authority, and

- facilitated by the local authority.

The latest such report, published in April 2013 and dealing with 2011, is available at http://www.lgma.ie/sites/default/files/service_indicators_in_local_authorities_2011.pdf

My Department does not hold other information on the number of playgrounds provided by local authorities, including comparison with other European countries.

Question No. 509 answered with Question No. 482.
Question No. 510 answered with Question No. 493.

Local Government Reform

Ceisteanna (511)

Dara Calleary

Ceist:

511. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the current status of the Local Government Bill; and if he will make a statement on the matter. [24377/13]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 58 of 1 May 2013 which sets out the position in this matter.

State Bodies Accounts

Ceisteanna (512)

Pearse Doherty

Ceist:

512. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will set out in tabular form the names of all State-owned or substantially State-funded organisations under his Department whose latest accounts laid before the Houses of the Oireachtas are more than one year old - that is, relating to a period ending before May 2012; and those of all such organisations whose latest accounts are more than two years old - that is, relating to a period ending before May 2011. [25021/13]

Amharc ar fhreagra

Freagraí scríofa

The information requested is being compiled and will be forwarded to the Deputy as soon as possible.

Residential Institutions

Ceisteanna (513, 515)

Mary Lou McDonald

Ceist:

513. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if in view of the issues raised in the "Prime Time Investigates" programme on the Bethany Home on 13 May 2013 and ongoing calls for justice for survivors of the Bethany Home, he will put in place a redress scheme for survivors. [23686/13]

Amharc ar fhreagra

Joan Collins

Ceist:

515. Deputy Joan Collins asked the Minister for Justice and Equality if, in view of the issues raised in the "Prime Time Investigates" programme on the Bethany Home and ongoing calls for justice for survivors of the Bethany Home, his plans to put in place a redress scheme for survivors. [24220/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 513 and 515 together.

I met with members of the Bethany Survivors Group together with Minister for State Katheen Lynch on Tuesday 16 April. The group raised the question of their inclusion within the Residential Institutions Redress scheme or a similar type scheme designed for children who had been in the Bethany Home. They also raised the question of access to personal records, a memorial and an apology.

I told the group that I was there to listen and that I did not wish to raise any unrealistic expectations. Many of the issues raised fall outside the remit of my Department. However, in consultation with my cabinet colleagues I informed the group that I would consider the matter and revert back to them. I assured them that any decision would not be influenced by the fact that Bethany home was a Protestant rather than a Catholic oriented home.

Commercial Rent Reviews

Ceisteanna (514, 516, 538)

Michael Healy-Rae

Ceist:

514. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the action he is taking regarding upward only rent reviews and high rents to assist struggling businesses; and if he will make a statement on the matter. [24206/13]

Amharc ar fhreagra

Alan Farrell

Ceist:

516. Deputy Alan Farrell asked the Minister for Justice and Equality his views on the feasibility of establishing an independent regulator or register for commercial tenancies, landlords and tenants; and if he will make a statement on the matter. [24381/13]

Amharc ar fhreagra

Pearse Doherty

Ceist:

538. Deputy Pearse Doherty asked the Minister for Justice and Equality following the enactment of the Irish Bank Resolution Act 2013 and its provision to suspend property rights in the common good, and in view of a raft of recent examinerships in which reductions in commercial rents in so-called Upward Only Rent Review leases to market levels, have led to several high-profile businesses being saved, if he has considered consulting with his colleagues to re-examine the possibility of abolishing UORR leases; and if he will make a statement on the matter. [24131/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 514, 516 and 538 together.

As I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision which was taken in 2011 not to proceed with legislation to abolish such clauses in commercial leases which were entered into prior to 28 February 2010. Neither of the matters to which Deputy Doherty refers impact upon the considerations which resulted in the Government taking the decision which it did. It will be recalled that those considerations involved a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights.

With regard to providing assistance to businesses in relation to this matter, absent legislative intervention, NAMA is playing a role in dealing with problems caused by upward only rent reviews applying to NAMA properties. I have been advised that, by end-April 2013, the Agency had granted 222 applications for rent abatement with an aggregate annual value of about €14 million which represents the annual value of rent due to NAMA that it has agreed to forego in order to help businesses survive. A further 52 applications were under review at that date. Of the 284 eligible applications received only 10 have been refused representing a 96% approval rate by NAMA. The practice of NAMA in this area is one which I would commend to landlords in the commercial property market and in the retail sector in particular.

More generally, the importance of supporting the retail sector is widely recognised across a range of Government Departments. I would draw the attention of Deputy Healy-Rae to the Action Plan for Jobs which lies within the remit of the Minister for Jobs, Enterprise and Innovation. I would also note the continuing action which is being taken to reduce the costs for doing business for all businesses and which is intended to have a positive impact on areas such as energy, local authority rates, and the administrative burden involved in companies complying with Government regulations and tax systems.

Regarding the feasibility of establishing a register for commercial tenancies, the Property Services (Regulation) Act 2011 provides for the establishment and maintenance of a Commercial Leases Database by the Property Services Regulatory Authority. This Database will assist in providing readily accessible, accurate information in order to determine the market rent payable in respect of comparable commercial properties. Work is underway to ensure that the Database will be operational shortly.

Question No. 515 answered with Question No. 513.
Question No. 516 answered with Question No. 514.
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