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Tuesday, 18 Jun 2013

Written Answers Nos. 303-321

Waste Management Regulations

Ceisteanna (304)

Derek Keating

Ceist:

304. Deputy Derek Keating asked the Minister for the Environment, Community and Local Government following the granting of planning permission by An Bord Pleanála, against the wishes of the Bord Pleanála planning official, for the development of a dump in the Rathcoole area, County Dublin, the steps and safeguards his Department will take to ensure that the environmental impact of this decision, and the conditions that have been assigned to the planning grant, are strictly monitored and adhered to; and if he will make a statement on the matter. [28642/13]

Amharc ar fhreagra

Freagraí scríofa

The Planning and Development Acts 2000 - 2012 provide that the decision making authority for An Bord Pleanála rests with the Board itself and not with any individual inspector who may report on a case. The Board, in almost all cases which come before it, commissions an inspector's report on the case and it has the benefit of this assessment as an aid to its overall consideration of the matter. Inspectors' reports and the Board's decisions are available to the public within three working days of each decision. This provides the necessary transparency to the process and enables the rationale for the Board's decision to be fully understood by all participants in the planning process.

Responsibility for enforcement of conditions attached to a planning permission lies with the relevant planning authority. The Environmental Protection Agency (EPA) and local authorities are responsible for waste licensing and waste permitting, respectively, and enforce rigorously the conditions attached to licences and permits.

Unfinished Housing Developments

Ceisteanna (305)

Joe McHugh

Ceist:

305. Deputy Joe McHugh asked the Minister for the Environment, Community and Local Government his views on a company's declaration of intent to cut off power to a pumping station in a housing estate (details supplied) in County Donegal where the relevant developer has entered liquidation and refuses to pay further electricity bills; if a request has been made by the developer or Donegal County Council to have the estate taken in charge; and if he will make a statement on the matter. [28652/13]

Amharc ar fhreagra

Freagraí scríofa

My Department launched the Public Safety Initiative in March 2011, which provided funding to address immediate public safety issues on unfinished housing developments. The types of works that have been approved under the PSI include the fencing off of unsecured and hazardous areas, capping of pipes, installation of street lighting and other works to secure sites. The Public Safety Initiative provides funding only in instances where a developer has abandoned the development. However, in circumstances where the developer has gone into liquidation, the responsibility for the maintenance and resolution of issues surrounding the development are matters which need to be addressed between the residents and the liquidators, and my Department has no remit in this regard.

I have been advised that Donegal County Council has written to the Residents Association and outlined a series of practical steps which can be taken by the residents of this development in order to avoid a situation where the pumping station could be disconnected.

Rent Controls

Ceisteanna (306)

Clare Daly

Ceist:

306. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his plans to move to a system of rent controls as exists in many European countries as a method of dealing with the rental situation here or any other alternatives that he is considering. [28653/13]

Amharc ar fhreagra

Freagraí scríofa

Private residential tenancies, with limited exceptions, are governed by the Residential Tenancies Act 2004 and the main provisions in respect of rent and rent reviews are set out in Part III of that Act. Under section 19 of the Act, it is prohibited to set the rent under a tenancy at a rate above the market rent at either the beginning of the tenancy or at any subsequent rent review. Both tenants and landlords have the right to a review of rent, even where there is no provision to that effect in the tenancy agreement. Such a review may not take place more frequently than once in each period of 12 months nor in the first 12 months of the tenancy.

If non-compliance with the provisions of the Act relating to rent and rent reviews leads to a dispute between landlord and tenant either or both of the parties to the tenancy may refer the matter to the Private Residential Tenancies Board (PRTB) for resolution. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits, and may grant redress and give specific direction as appropriate on foot of a determination. The Rent Tribunal, established under the Housing (Private Rented Dwellings) (Amendment) Act 1983, is the arbitrating body in the determination of the rent and other terms of tenancy of dwellings which were formerly rent controlled under the Rent Restrictions Acts 1960-1981.  The Tribunal may determine new cases or may review cases previously determined by the District Court or by the Tribunal itself.  Since October 2009 the administrative functions of the Rent Tribunal have been carried out by the PRTB.

With regard to local authority housing, local authorities set rents for social housing tenants based on their Differential Rents Schemes. While it is a matter for each authority to determine an individual's rent, the principle of the scheme is that a household is charged a rent based on a proportion of their income. I have no plans to introduce legislation in relation to rent control at this time.

Water Charges Administration

Ceisteanna (307, 308, 309, 310, 311, 326)

Peadar Tóibín

Ceist:

307. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the cost of meter installation per household and the full cost for installation that will be passed on per householder. [28718/13]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

308. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government further to the introduction of water charges, in the event of emergency and or extreme weather conditions, who will supply water and if households will be billed. [28719/13]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

309. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the date on which he intends to introduce water billing. [28720/13]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

310. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the options being investigated to spread out payments for water services. [28721/13]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

311. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government if persons will face disconnection in the event of an inability to pay for water services. [28722/13]

Amharc ar fhreagra

Robert Troy

Ceist:

326. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if the €300 charge for the installation of water meters will be charged to residents in estates (details supplied) in County Westmeath where the actual piping and infrastructure for meters are already in place and all that is required now is the slotting of the actual meter into the hole. [28883/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 307 to 311, inclusive, and 326 together.

The Programme for Government and the Memorandum of Understanding with the EU, the IMF and the ECB both provide for the introduction of domestic water charges. The Government considers that charging based on usage is the fairest way to charge for water and it has decided that water meters should be installed in households connected to public water supplies. The Government has also decided that Irish Water, a new State-owned water company to be established as an independent subsidiary within the Bord Gáis Éireann Group, will be responsible for the metering programme and, in line with the commitment in the Programme for Government, will take over the operational and capital delivery functions of local authorities in the water services area. It is intended that the legislation to transfer statutory responsibility for water services to Irish Water will provide for local authorities to act as agents for Irish Water with this relationship being expressed through Service Level Agreements.

It would be inappropriate to release estimates of the cost of the metering programme in advance of the completion of the ongoing competitive procurement process. A pre-installation survey is currently being conducted by the local authorities to provide further information on the scope of the metering programme and this will identify those properties which already have boundary boxes and meters installed. There will be no upfront charge for the installation of the meter.

The Government has also decided to assign responsibility for the economic regulation of the water sector, including the setting of charges, to the Commission for Energy Regulation. The primary role of the regulator will be to protect the interests of customers and to ensure a consistent and appropriate level of service is provided to them. The Regulator will also be responsible for determining the framework for levying water charges. An appropriate approach to charging customers will be put in place and a public consultation will take place as part of the regulatory process. It has been decided, following the 9th Review of the Memorandum of Understanding by the European Commission, the IMF and the ECB, that water charges will commence with effect from Quarter 4 2014. It is expected, therefore, that Irish Water will issue the first bills to customers from January 2015.

Irish Water will be required to have a range of options in place to assist householders who have difficulties in paying their bills. Affordability issues will be addressed by my Department and the Department of Social Protection, in consultation with the Regulator, Irish Water and other stakeholders, in the context of developing a water pricing framework. The agreed approach to affordability issues will then be reflected in the charging structure established by the Regulator. It is important to distinguish between people who cannot afford to pay and people who refuse to pay. It would be expected that Irish Water would pursue payment from customers who refuse to pay even when they have the financial capacity to pay the bill, and a range of options will also be put in place to this end, as is normal practice with other utility service providers.

These matters will be addressed in legislation that is being prepared by my Department.

Voting Rights

Ceisteanna (312)

Nicky McFadden

Ceist:

312. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government if voting rights will be extended to Irish citizens living abroad; and if he will make a statement on the matter. [28759/13]

Amharc ar fhreagra

Freagraí scríofa

Under electoral law, in order to be able to vote at elections in Ireland, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. With some exceptions (mainly postal voters) all persons must attend in person to vote at their local polling station.

The Constitutional Convention will be considering issues relating to giving citizens resident outside the State the right to vote in Presidential elections at Irish embassies or otherwise. In accordance with the resolution of the Oireachtas on the calling of the Convention the Government will provide in the Oireachtas a response to each recommendation of the convention within four months and, if accepting the recommendation will indicate a timeframe it envisages for the holding of any related referendum. Proposals for change to electoral law will be brought forward in light of any decisions for change which may arise from this process.

Public Relations Contracts Expenditure

Ceisteanna (313)

Billy Kelleher

Ceist:

313. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government if he will detail, in tabular form, the names of all external public relations, communications consultants and organisations used by his Department since 9 March 2011; the details of the services supplied by each; the expenditure on each; and if he will make a statement on the matter. [28810/13]

Amharc ar fhreagra

Freagraí scríofa

No external public relations and communications consultants or organisations have been engaged by me, or by Ministers of State, and used in my Department since March 2011.

Non-Principal Private Residence Charge Administration

Ceisteanna (314, 322, 330)

Eoghan Murphy

Ceist:

314. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if he is considering offsetting the liability of the non principal private residence charge against the local property tax. [28826/13]

Amharc ar fhreagra

Mary Mitchell O'Connor

Ceist:

322. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government in the event of the non-principal private residence charge being abolished in 2014, and if the local property tax has been paid on two investment properties for 2013, the reason the NPPR has to be paid also; and if he will make a statement on the matter. [28858/13]

Amharc ar fhreagra

Mary Mitchell O'Connor

Ceist:

330. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government if the non-principal private residence charge has to be paid along with the local property tax on a holiday home; if the LPA replaces the NPPR; and if he will make a statement on the matter. [28924/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 314, 322 and 330 together.

The Local Property Tax is being introduced on a half year basis this year and accordingly 50% of the Tax is payable in 2013. The Local Property Tax and Non Principal Private Residence Charge operate quite differently in many respects; however, in general, those properties which are liable for the Charge will also be liable for the Tax. The amount of Local Property Tax incurred in respect of a liable property is based on that property's value, while the Non Principal Private Residence Charge is incurred on the basis of a flat rate of €200 per liable property per annum. Therefore, it is not appropriate to assume equivalence between the Charge and the Tax. Liability for the Charge will not be offset against the Tax.

This year will be the final year of the operation of the Non Principal Private Residence Charge.

Housing Regeneration

Ceisteanna (315)

Marcella Corcoran Kennedy

Ceist:

315. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government his plans to introduce a grant scheme for the renovation or rebuilding of old vacant houses, not ghost estates, currently estimated nationally at 2,900; and if he will make a statement on the matter. [28835/13]

Amharc ar fhreagra

Freagraí scríofa

The difficulties facing the State's finances and the necessity to reduce public expenditure to sustainable levels are impacting on capital programmes all across the public service, including my Department's housing capital programme. The amount of capital funding available has decreased significantly in recent years along the lines highlighted in the Medium Term Exchequer Framework for Infrastructure and Capital Investment 2012-2016. As a result, capital spending on housing programmes is subject to constraint over the short-term. In these circumstances it is not possible to consider the introduction of a new capital grant measure as suggested.

Local Authority Staff Numbers

Ceisteanna (316)

Marcella Corcoran Kennedy

Ceist:

316. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government the number of procurement officers appointed by local authorities to date; the location of same; if any local authority has not yet appointed a procurement officer; and if he will make a statement on the matter. [28836/13]

Amharc ar fhreagra

Freagraí scríofa

My Department gathers quarterly data on staff numbers in local authorities. The data gathered do not provide detail in respect of individual grades or job titles within each local authority, and accordingly, the information requested is not available in my Department.

Procurement savings have been targeted by the Government under the Public Service Reform Plan and the Local Government Efficiency Review. Since 2010 local authorities have reported savings of €109 million from procurement reform and centrally managed sectoral procurement has increased from 19% to 23%. In order to continue to drive procurement savings in the sector and to interact effectively with the new Office of Government Procurement local authorities are building on the sectoral procurement structures established in the local government Procurement Office within Kerry County Council. I understand that as part of the procurement structures in the sector each local authority has identified a local procurement officer and four regional procurement officers have been put in place.

Question No. 317 answered with Question No. 298.

Social and Affordable Housing Provision

Ceisteanna (318)

Thomas P. Broughan

Ceist:

318. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form on the basis of the local authority involved for the years 2011, 2012 and to date in 2013, the number of choice-based lettings availed of by persons and families. [28840/13]

Amharc ar fhreagra

Freagraí scríofa

My Department collates and publishes a wide range of housing and planning statistics that inform the preparation and evaluation of policy, and those data are available on my Department's website www.environ.ie. I have no function in the allocation of social housing which is determined in accordance with the priority accorded under a housing authority's allocation scheme, the making of which is a reserved function. Therefore my Department does not collect statistics on the choice based lettings scheme which may be provided for as part of an authority's allocations scheme.

Rental Accommodation Scheme Payments

Ceisteanna (319)

Thomas P. Broughan

Ceist:

319. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will provide in tabular form on the basis of the local authority involved for the years 2011, 2012 and to date in 2013, the number of persons and families who are availing of the rental accommodation scheme. [28841/13]

Amharc ar fhreagra

Freagraí scríofa

My Department collates and publishes a wide range of housing and planning statistics that inform the preparation and evaluation of policy, and those data are available on my Department's website www.environ.ie. Data on the number of households that are availing of the rental accommodation scheme are included in this range up to end- 2012.

Pyrite Resolution Board Remit

Ceisteanna (320)

Catherine Murphy

Ceist:

320. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will consider extending access to the remediation measures that will be available under the remit of the Pyrite Resolution Board to those persons and families in one-off houses who have already spent significant sums to repair their properties and who have no legal recourse to pursue developers and or builders; and if he will make a statement on the matter. [28843/13]

Amharc ar fhreagra

Freagraí scríofa

The Pyrite Resolution Board (PRB), which I established earlier this year, has recently published the outline of a proposed remediation scheme. The qualification criteria for inclusion in the scheme are reflective of the conclusions and recommendations of the report of the independent pyrite panel. The scope of the remediation scheme is restricted to providing a solution for those homeowners whose homes are affected by significant pyritic damage and who have no other viable means to have their homes remediated. It is not a compensation scheme and consequently the scope of the scheme does not extend to cover remediation works already undertaken. This is in line with standard practice whereby prior approval would form part of the terms and conditions for inclusion in a scheme of this nature.

Leader Programmes Administration

Ceisteanna (321)

Denis Naughten

Ceist:

321. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will review the decision by LEADER companies not to support the completion of projects by community groups which already have drawn down funding for feasibility/eligibility audits; and if he will make a statement on the matter. [28846/13]

Amharc ar fhreagra

Freagraí scríofa

The LEADER elements of the Rural Development Programme 2007 – 2013 (RDP) commenced in 2009 after a delay of more than two years which reduced the time available to allocate funding to less than five years rather than the original seven. Two main issues have impacted on the revised allocations recently notified to Local Development Companies.

The first relates to overall Programme performance. During 2010 and 2011 it became evident that a significant number of Local Development Companies (LDCs) who were contracted to deliver the Programme were not committing funds at the level required to ensure that all the funding would be allocated by the December 2013 deadline. Similarly it became clear that a number of LDCs were more than capable of allocating additional funding if it was made available. In this regard, in January 2012 my Department notified all LDCs that the original allocations awarded in 2009 were no longer valid and that the Programme was being opened up on a "first come, first served" basis to all LDCs in order to ensure that all the available funding would be allocated to eligible projects within the timeframe allowed. All LDCs were encouraged to maximise the opportunity this created for them.  All LDCs had an equal opportunity to maximise funding in their respective areas, and some companies availed of this more than others.

The second issue relates to the change in co-financing rates. During 2011, the European Commission approved a change in the maximum co-funding rate from 55% to 85% for the LEADER elements of Ireland's RDP but only for expenditure incurred in 2012 and 2013. This had the effect of reducing the available funding under the Programme from €427 million to an estimated €370 million.

In January 2013 in light of all the changes to the Programme it became necessary to carry out a comprehensive review of the level of commitments and expenditure across the various measures of the Programme in order to apportion the remaining funds among the LDCs, taking into account the level of commitments already entered into. Using an estimated final programme allocation of €370 million, the total spend to date and outstanding contractual commitments under the Programme were established and deducted from the €370 million.  €6 million was provided for the former MFG legacy files, new Gaeltacht projects and associated administration costs. Funding was also provided for projects that were greater than €150,000 in value that had been submitted to my Department for assessment. The original percentage of the Programme which was awarded to each LDC in 2009 was then applied to apportion the remaining funding. Where an LDC would receive less than 80% of its original allocation, bearing in mind that the overall Programme value has been reduced, an adjustment was made to bring the revised allocation up to 80% of the original.

There are 35 LDCs contracted, on my Department's behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. LDCs make funding decisions in the context of their local development strategies, relevant EU Regulations and national rules and the resources available to them. In line with the "bottom-up" approach to rural development my Department has no remit in relation to the selection of projects which are approved under the Programme.

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