Tuesday, 9 Jul 2013

Written Answers Nos. 363-378

Flood Prevention Measures

Ceisteanna (363)

Bernard Durkan

Ceist:

363. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government having regard to previous parliamentary questions in the matter, the extent to which it is expected that outstanding completion works at the development in the Waterways, Sallins, County Kildare, is contemplated as per previous indications; if it is expected that agreement can be reached with all interested parties with a view to permanent resolution in respect of any outstanding flooding issues; and if he will make a statement on the matter. [33058/13]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

My Department understands from Kildare County Council that following the completion of significant works, undertaken by the Council, the matter is now largely resolved at catchment level. Within the development, other drainage works which are the responsibility of the developer, remain to be completed. The Council is continuing to work with the relevant parties to ensure a permanent resolution of the remaining flooding issues within the development.

Planning Issues

Ceisteanna (364)

James Bannon

Ceist:

364. Deputy James Bannon asked the Minister for the Environment, Community and Local Government if he will review the development contribution scheme in county towns that do not have gateway or hub status to make it more attractive for business to locate; and if he will make a statement on the matter. [33136/13]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

As Minister my role is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority. The adoption of these schemes is a reserved function of the locally elected members of each planning authority. It is a matter for the members to determine the level of contribution and the types of development to which they will apply. Copies of individual schemes are available for consultation on the local authorities’ websites. My Department recently issued updated guidance for local authorities on the issue of development contributions which recommends, inter alia, that development contribution schemes facilitate job creation through targeted support for specific development types. As part of the new guidance, planning authorities are asked to consider whether there are any measures open to them to support new or existing enterprises in their areas by, for example, reduced development contribution rates, deferral of payments, etc. The guidelines have been issued under section 28 of the Planning and Development Acts 2000 - 2012. This means that planning authorities and An Bord Pleanála are required to have regard to them in performance of their functions under the Planning Acts.

Local Authority Members' Remuneration

Ceisteanna (365, 398)

Pat Deering

Ceist:

365. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government the amount of money set aside for gratuity payments for retiring councillors in 2014; and the criteria for qualification. [32916/13]

Dara Calleary

Ceist:

398. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government his plans to provide for a gratuity for councillors who will not contest local elections in 2014; the conditions he proposes applying to this gratuity; and if he will make a statement on the matter. [33451/13]

Freagraí scríofa

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 365 and 398 together.

Section 142 of the Local Government Act 2001 and the Local Authority Members (Gratuity) Regulations 2002 to 2006 provide that, subject to certain conditions, a councillor who ceases to be a member of a local authority is entitled to receive a gratuity at, or after, the age of 50. Where a person ceases to be a member before age 50, whether voluntarily or as a result of failure to be re-elected, the gratuity will be paid when the person reaches age 50 and will be based on the representational payment applicable at that point. The Local Authority Members (Gratuity) (Amendment) Regulations, 2006 allows the gratuity to be paid before age 50 where retirement is due to permanent infirmity or where the member dies in office.

The amount of the gratuity is calculated on the basis of 4/20ths of a Councillor’s Representational Payment for each year of service from 4 May 2000, subject to a maximum twenty years’ service (i.e. four times the amount of the Representational Payment at the time of retirement).

An additional ex-gratia payment may be made to Councillors serving on or after the date of the making of the 2006 Regulations in respect of service before 4 May 2000. The rates to be applied are dependent on the number of years’ service and the category of local authority in which the Councillor served. Circular Letter S.3/2007 of 22 January 2007, issued by my Department, set the rate of payment of the ex-gratia payment at €714.23 for each year of service up to 20 years’ service with a County Council or what was at the time a County Borough Corporation, at ½ this rate for service with what was at the time a Borough Corporation or an Urban District Council, and at ¼ this rate for service as a Town Commissioner. For service in excess of 20 years prior to 4 May 2000, the foregoing rates are reduced by 1/3rd for each additional year of service up to 20 years. There is an overall limit of 40 years’ service for the gratuity and ex-gratia payment combined, with the service reckoned for the purposes of a gratuity calculated first and the residual number of years being used to calculate any ex-gratia payment.

Having regard to the democratic process, it is not possible for local authorities to forecast the number of current elected members who will retire or fail to retain their seats following the forthcoming local elections. In this context, local authorities are expected to be prudent in making a provision for potential gratuity payments in their annual budgets as part of the normal budgetary process.

Motor Tax Collection

Ceisteanna (366)

Robert Dowds

Ceist:

366. Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the use being made of car tax receipts in 2013; and the use which will be made of it in subsequent years. [32954/13]

Freagraí scríofa

Minister for the Environment, Community and Local Government

The principal source of revenue for the Local Government Fund in 2013 is the proceeds of motor tax which are being re-distributed on an equalised basis to local authorities within the context of the annual allocations of General Purpose Grants. A sum of up to €150 million will be transferred from the Local Government Fund to the Exchequer during 2013, as a necessary measure towards the reduction of the national debt.  The payment, which will not be made until the end of the year, will have regard to the balance in the Fund when all commitments to local authorities have been met.

Housing Adaptation Grants Expenditure

Ceisteanna (367, 369)

Dan Neville

Ceist:

367. Deputy Dan Neville asked the Minister for the Environment, Community and Local Government his views regarding a resolution adopted at the June 2013 meeting of Limerick County Council regarding a request by Limerick County Council to allocate further funds for housing adaptation grants and housing aids for older people grants. [33017/13]

Willie O'Dea

Ceist:

369. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government if he has received the resolution adopted by Limerick County Council requesting further funds for housing adaptation grants and housing aid for older persons grants; if he will award same; if he will discuss with the Department of Health a combined approach to dealing with grant applications which would enable the infirm and elderly to remain in their homes rather than entering the fair deal nursing scheme; and if he will make a statement on the matter. [33056/13]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

I propose to take Questions Nos. 367 and 369 together.

On 22 February 2013 I announced capital allocations to local authorities under the suite of Grants for Older People and People with a Disability amounting to €42.750 million. This year I allocated local authorities the full amount of their contractual commitments, and the balance of the available funding was allocated on the basis of each authority’s share of the new applications on hand in January 2013. A small capital reserve was set aside to deal with any acute or particular difficulty which might arise in the operation of the schemes over the course of the year. Following requests from 13 local authorities for supplementary funding, I subsequently approved additional allocations totalling €1.2 million. I am continuing to keep the position in regard to funding under active review.

My Department is currently reviewing the operation of the grant schemes in consultation with the local authorities and groups representing older people and people with disabilities. I acknowledge the supports provided by other public bodies and agencies in facilitating older people and people with disabilities to continue living independently in their own homes. My Department will continue to explore all opportunities to stretch the available resources, including through co-operation with the Health Service Executive, in order to extend the benefits of the grant schemes to as many households as possible.

Animal Welfare Issues

Ceisteanna (368)

Clare Daly

Ceist:

368. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will outline the way the ISPCA pounds are tended and pay particular reference to the large numbers of dogs which are killed despite being healthy and potentially having the ability to be re-housed. [33055/13]

Freagraí scríofa

Minister for the Environment, Community and Local Government

The Control of Dogs Acts 1986 and 1992 place statutory responsibility for dog control on local authorities. It is a matter for each local authority to establish and maintain shelters for their particular areas, which may involve arrangements with other organisations for the provision of this service. In general, local authorities co-operate very beneficially with dog welfare organisations and , together, they work to reduce the number of dogs that are put to sleep having been taken into the shelters. Nationally, the total number of dogs being put to sleep has reduced significantly over the years from 27,570 in 1998 to 4,904 in 2012. Dog control statistics are available on my Department’s website:http://www.environ.ie/en/Publications/StatisticsandRegularPublications/DogControl/.

Question No. 369 answered with Question No. 367.

Water and Sewerage Schemes Funding

Ceisteanna (370)

Thomas Pringle

Ceist:

370. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government the amount allocated to Donegal County Council under the rural water programme for the construction of new group water schemes in each of the past five years; and if he will make a statement on the matter. [33068/13]

Freagraí scríofa

Minister for the Environment, Community and Local Government

Responsibility for the administration of the Rural Water Programme, which includes group water schemes, has been devolved to local authorities since 1997. The selection and approval of individual scheme proposals for advancement and funding under the programme, within the overall priorities set by my Department and subject to the block grant allocations provided, is therefore a matter for the water services authorities.

The following table sets out the payments made to Donegal County Council in respect of new group water schemes under the Rural Water Programme in each of the past five years and the current year’s allocation:

Year	Payments in respect of New Group Water Schemes to Donegal County Council (million)
2008	€ 0.360
2009	€ 0.400
2010	€ 0.250
2011	€ 0.891
2012	-
2013 (allocation)	€ 0.080

Septic Tank Inspections

Ceisteanna (371, 372, 373, 374, 375, 376, 381)

Michael Healy-Rae

Ceist:

371. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the Water Services (Amendment) Act 2012 and the EPA's code of practice 2009 when those who live on land with poor draining soils, the options they have if they need to update their septic tank systems; and if he will make a statement on the matter. [33073/13]

Michael Healy-Rae

Ceist:

372. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the Water Services (Amendment) Act 2012 and the EPA's code of practice 2009 if a house was built before septic tanks were required and is therefore without a septic tank system; and if he will make a statement on the matter. [33074/13]

Michael Healy-Rae

Ceist:

373. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the Water Services (Amendment) Act 2012 and the EPA's code of practice 2009, if homeowners must have their septic tank systems inspected because of the legislation; the standards in place for the inspectors; if there are set guidelines that inspectors must follow; if the inspectors will be from the local authority or will the homeowners have to spend the money to hire a private contractor to do the inspections; and if he will make a statement on the matter. [33075/13]

Michael Healy-Rae

Ceist:

374. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the Water Services (Amendment) Act 2012 and the EPA's code of practice 2009 where rural dwellers will have the inconvenience of not only paying for property tax and household charge but also septic tank system inspections and possibly upgrades; the way this is fair to rural dwellers; if there is a grant for those needing to upgrade their septic tank system; and if he will make a statement on the matter. [33076/13]

Michael Healy-Rae

Ceist:

375. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the Water Services (Amendment) Act 2012 and the EPA's code of practice 2009 where it was stated that existing dwellings or septic tank systems will not be forced to comply with the most up-to-date standard EPA code of practice 2009; and if he will make a statement on the matter. [33077/13]

Michael Healy-Rae

Ceist:

376. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government in regard to the Water Services (Amendment) Act 2012 and the EPA's code of practice 2009, when those who fail inspections on their septic tank system but cannot upgrade their systems to meet standards, due to land restrictions, the standard that will be applied if they are near a lake or foreshore they may not have the land and space to upgrade their system according to standards; the steps that those homeowners can take; and if he will make a statement on the matter. [33078/13]

John O'Mahony

Ceist:

381. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when persons may apply for grants for septic tanks; and if he will make a statement on the matter. [33161/13]

Freagraí scríofa

Minister for the Environment, Community and Local Government

I propose to take Questions Nos . 371 to 376, inclusive, and 381 together.

The Water Services (Amendment) Act 2012 requires owners of premises connected to domestic waste water treatment systems to operate and maintain their systems so as to ensure that those systems do not create a risk to human health or the environment. Domestic waste water treatment systems are defined in the Act and include all drains associated with the discharge of domestic waste water, whether or not they discharge to a septic tank or waste water tank. Irrespective of the age or type of system in place, if there is no evidence of risk to human health or the environment, no action will be necessary.

The Act also assigns responsibility to the Environmental Protection Agency to make a National Inspection Plan for domestic wastewater treatment systems. The National Inspection Plan 2013: Domestic Waste Water Treatment Systems was published by the EPA in February 2013. Details of the minimum number of inspections for each county are included in the Plan. It is the responsibility of the water services authorities to implement the Inspection Plan in their functional areas. There will be no charge for inspections.

The Local Authority Services National Training Group, in consultation with my Department, the EPA and the water services authorities, has overseen the development and delivery of a training course for the local authority officials who will carry out inspections under the 2012 Act. The EPA is responsible for appointing as inspectors the officials who have satisfactorily completed the training course and meet other qualification criteria regarding professional or technical qualifications and indemnity insurance cover.

Inspections will be objective, evidence-based and aimed at identifying systems which are a risk to public health or the environment. There is no question of applying new standards, for example those of the EPA’s 2009 Code of Practice, to older on-site systems, nor is there any question of a householder being directed to acquire additional land to facilitate remediation works. Where an inspection reveals a problem with a domestic waste water treatment system, issues such as existing site size, hydrological and geological conditions etc. will be considered so as to identify the most appropriate, pragmatic and cost-effective remediation works required. With regard to the grants scheme for remediation of domestic waste water treatment systems, I refer to the reply to Questions Nos. 175 and 176 of 3 July 2013 which sets out the position.

Private Residential Tenancies Board Enforcement

Ceisteanna (377)

Brendan Griffin

Ceist:

377. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the recourse available to landlords who are unhappy with a ruling by the Private Residential Tenancies Board; and if he will make a statement on the matter. [33123/13]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

The Residential Tenancies Act 2004 sets out the rights and obligations of landlords and tenants in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the sector.

The PRTB replaces the Courts for the vast majority of landlord and tenant disputes. For a fee of €25, parties to a dispute can apply to the PRTB for adjudication or mediation services. If either of the parties to the dispute is unhappy with the decision of an adjudicator, they can appeal that decision to the tenancy Tribunal within 21 days of the date of receiving the decision. Tribunals are heard by a panel of three members of the Dispute Resolution Committee of the PRTB. An adjudication decision that is not appealed to the Tribunal within 21 days will become a binding Determination Order of the PRTB. In instances of non-compliance parties can request enforcement of this Order through the Courts.

Section 123 of the Residential Tenancies Act provides that a determination of the Tribunal may be appealed to the High Court on a point of law and that the decision of the High Court on that appeal is final and conclusive.

Mortgage to Rent Scheme Funding

Ceisteanna (378)

James Bannon

Ceist:

378. Deputy James Bannon asked the Minister for the Environment, Community and Local Government if he will provide the up-to-date report approved by his Department regarding two councils, Westmeath County Council and Dublin City Council, approved for mortgage to rent projects; his views as to when it will be rolled out to a full national scheme; the funds available to each local authority; and if he will make a statement on the matter. [33134/13]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

On foot of the recommendations of the Keane Report on mortgage arrears the Government launched a mortgage to rent scheme on a pilot basis in February 2012. This scheme was extended nationally in June 2012, targeting those low income families whose mortgage situation is unsustainable and where there is little or no prospect of a significant change in circumstances in the foreseeable future. The scheme ensures that the family remains in their home, while ownership is transferred to an approved housing body who in turn rent it to the original owners. Eligibility requirements are in line with other forms of social housing support. To date, over 1,217 cases have been submitted by lenders. Of these, 415 borrowers have been engaged with or are in the process of being engaged with by the lender. A total of 47 sales have now been completed. A pilot mortgage to rent scheme for the most acute cases of local authority mortgage arrears is currently being operated by Westmeath County and Dublin City Councils. This scheme is currently being evaluated ahead of a national roll-out in the coming months.