Written Answers Nos. 487-511
488. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the assistance that will be made available to the residents and Dublin City Council to ensure the pyrite-affected houses in Carton and Ownesilla, Ballymun, Dublin 11 are repaired as soon as possible. [9454/14]
Amharc ar fhreagraIn May 2013 my Department approved a budget of €392,077 in respect of pyrite testing and associated investigative works at houses in Carton Terrace and Owensilla. Based on the outcome of these tests, it will be a matter for Dublin City Council to put forward appropriate remediation proposals to deal with any pyrite-related problems affecting houses at these locations.
489. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the number of social houses that will be built as part of Ballymun regeneration. [9455/14]
Amharc ar fhreagraIn terms of housing construction, over 1,800 new replacement homes have been provided for residents of the original flat blocks. The final housing scheme commissioned by Ballymun Regeneration Limited, at Coultry 6, is now substantially completed. A decision on the tender report for the Emerald project, which involves up to 20 housing units, will be made shortly.
While the programme of physical regeneration will be largely completed by end 2014, including the demolition of remaining flat blocks and related site re-instatement and public realm works, my Department remains committed to investment in social and economic interventions in the years ahead in order to protect investment to date and ensure the long-term sustainability of the regeneration project.
490. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the current status of Ballymun shopping centre and future plans for the development. [9456/14]
Amharc ar fhreagraPlanning permission for the redevelopment of the privately owned Ballymun Shopping Centre and the adjoining lands owned by Dublin City Council was granted in September 2009. The proposed redevelopment of the area did not proceed at that time due to the prevailing economic conditions. However, the provision of commercial, retail and other services in Ballymun, and at this prominent site in particular, remains an important objective within the context of the overall regeneration programme.
The City Council continues to liaise with the relevant parties, including NAMA and the Receiver, with the objective of progressing the proposed redevelopment of the existing shopping centre and adjoining lands.
491. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government if his Department has had any discussion with the Department of Finance on making the purchase and installation of domestic flood defences allowable for any form of tax relief or refund; his views on whether the granting of such reliefs would be beneficial for proven and reliable domestic flood defences in areas susceptible to flooding; and if he will make a statement on the matter. [9461/14]
Amharc ar fhreagra493. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government his plans to incentivise the installation of appropriate and reliable domestic flood defence systems and products in private and local authority housing; the discussions he has had on this topic with other Departments, local authorities, agencies or commercial providers; and if he will make a statement on the matter. [9480/14]
Amharc ar fhreagraI propose to take Questions Nos. 491 and 493 together.
Flood risk management, including prevention and protection measures are a matter for the Office of Public Works. Initiatives in relation to the installation of flood defence systems are therefore a matter for that Office, including any possible discussions with the Department of Finance in relation to relevant taxation policy.
Question No. 493 answered with Question No. 491.
494. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the difficulties facing local community development companies in drafting their next four year plans due to programmes mainly running during the school calendar year between September and May; if his attention has been drawn to the fact that they will anticipate negative fall-out for their clients, staff and programme delivery, especially if there is not a clear and reasonable road map that would allow successful transition into the next programme funding period, that is, 2015-2020; and if he will make a statement on the matter. [9586/14]
Amharc ar fhreagraThe Local and Community Development Programme (LCDP) is the largest social inclusion intervention of its kind in the State. It is a key tool of Government in providing employment supports, training, personal development/capacity building and other supports for the harder to reach in the most disadvantaged areas in society. The current Programme which officially ended on 31 December 2013, having operated for four years, will continue to be implemented by the Local Development Companies from 1 January to 31 December 2014, with management of contracts and programme oversight transferring to the Local Community Development Committees (LCDCs) from 1 July next.
The LCDP successor Programme to be implemented in 2015 will be subject to Department of Public Expenditure and Reform (DPER) approval and compliance with the new Public Spending Code. It is currently at design stage, and will reflect the main findings of the LCDP Mid Term Review and ensure that the Programme remains a locally accessible, frontline intervention for people most difficult to reach in terms of social inclusion and preparation for employment. The key change for 2015 will be that the new Programme will be overseen and managed by the Local Community Development Committees (LCDCs) of the Local Authorities who will request tenders for its delivery in their areas.
The successor programme will aim to build upon the existing infrastructure of the LCDP and maximise the potential of the new county structure to deliver a locally driven community development and employment programme which has national reach and a clear synergy with the National Reform Programme (NRP) and Common Strategic Framework (CSF). The above changes have been notified to all local development companies.
In implementing a new programme next year, my Department will do its utmost to ensure business continuity for the communities served.
495. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if financial support will be made available for homes with pyritic heave that are deemed not to be significantly damaged following assessment by the Pyrite Resolution Board; and if he will make a statement on the matter. [9588/14]
Amharc ar fhreagra496. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the way in which pyrite damaged homes will be assessed by the Pyrite Resolution Board in relation to eligibility for financial support from the board; if only houses with significant damage will be supported; the way a property is classified as being significantly damaged; and if he will make a statement on the matter. [9592/14]
Amharc ar fhreagraI propose to take Questions Nos. 495 and 496 together.
The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage. The report of the independent Pyrite Panel provides the framework for the remediation scheme and the eligibility criteria are reflective of the conclusions and recommendations of the report. The Panel was clear in its view that only dwellings with significant damage due to pyritic heave should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated.
In this context, I have recently approved the draft pyrite remediation scheme prepared by the Board in accordance with the relevant provisions of the Act; the Board will begin to accept applications from homeowners affected by pyritic damage from 26 February 2014. The full conditions of eligibility of the scheme are set out in the Pyrite Remediation Scheme which is available on the Board’s website – www.pyriteboard.ie. The scheme sets out the full detail of each of the stages involved in the process from the making of an application through to completion of the remediation works.
While the Pyrite Resolution Act 2013 provides the definition for “significant pyritic damage”, which correlates to the definition contained in the Irish Standard 398-1:2013 Reactive pyrite in sub-floor hardcore material - Part 1: Testing and categorisation protocol as published by the National Standards Authority of Ireland, it also makes provision to enable the Board to set the damage condition rating within the meaning of “significant pyritic damage” for the purpose of including dwellings in the scheme. The scheme as now made provides for the remediation of dwellings with a damage condition rating of 2.
497. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government if he will be allocating funding for group sewerage schemes in County Kerry in view of the recent flooding and the resulting health hazards which can be avoided by the introduction of GSS as opposed to septic tanks; and if he anticipates penalties from Europe as a result of newly introduced standards regarding pollution. [9594/14]
Amharc ar fhreagraResponsibility for the administration of the Rural Water Programme, which includes group sewerage schemes, has been devolved to local authorities since 1997.
In December 2012, I announced an increase in the grant for group sewerage schemes to €6,500 per house or 75% of the cost of the scheme, whichever is the lesser. The previous rate of grant available was €2,031.58 per house or 75% of the cost, whichever was the lesser.
I proposed, in the first instance, to carry out a number of pilot schemes based on the increased grant level. My Department asked local authorities to include in their requests for funding under the 2013 Rural Water Programme proposals for pilot group sewerage schemes which might be viable based on the increased grant.
Following an examination of the proposals received, with particular regard to the environmental justification provided and the estimated costs, I approved grant assistance towards pilot schemes in nine different counties in 2013.
A review of progress on the selected pilot schemes will be completed as soon as possible with a view to deciding how best to proceed with the grant scheme.
A key objective for water services policy in Ireland is the continued priority attaching to investment to achieve compliance with our EU obligations in relation to the environment.
498. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if any employment opportunities may exist in Irish Water for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9596/14]
Amharc ar fhreagraStaff recruitment to Irish Water is an operational matter for the company in which I have no function.
My Department has asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water made contact with Oireachtas Members in the last week to outline the arrangements for addressing such queries in a timely manner.
500. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has met representatives of Chartered Institute of Architectural Technologists in relation to the impact of the new building regulations on the profession; if he has considered the onerous obligations it places on members of CIAT who wish to be included on the register; if his attention has been drawn to the fact that the new regulations will have a considerable impact on those who practise here; if he will address this issue; and if he will make a statement on the matter. [9623/14]
Amharc ar fhreagraI refer to the reply to Question Nos. 523, 529 and 530 on 18 February 2014 which addresses this matter comprehensively. The position is unchanged.
502. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the situation at Magheraroarty pier in County Donegal whereby dredging is required on an ongoing basis when sand accumulates at the pier; the amount spent dredging this pier to date; if he intends to make funding available to Donegal County Council to develop and implement a permanent solution to the problem; if his attention has been drawn to the impact of the problem on the local fishing and tourist industry as access to the offshore island of Tory is dependent on the pier; and if he will make a statement on the matter. [9625/14]
Amharc ar fhreagraI am aware of dredging issues at Magheraroarty Pier and recently granted a foreshore licence under section 3(3) of the Foreshore Act 1933 to Donegal County Council to undertake necessary emergency works following storm damage. My Department is currently processing an application by Donegal County Council for a 5 year licence to undertake maintenance dredging and beach nourishment at Magheraroarty Pier. However, funding of such works is a matter for Donegal County Council.
It is a matter for each local authority, including Donegal County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority.
503. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the steps a person at a location (details supplied) in County Kerry would need to take to remove silt and other deposit material from a river bed as the material is causing flooding at this location; if his Department will agree to the removal of this material; and if he will make a statement on the matter. [9641/14]
Amharc ar fhreagraThe Foreshore Acts require that a lease or licence must be obtained from the Minister for the Environment, Community and Local Government for the carrying out of works or placing structures or material on, or for the occupation of or removal of material from, State-owned foreshore, which represents the greater part of the foreshore.
Details on applying for a foreshore consent can be found on my Department’s website at: http://www.environ.ie/en/Foreshore/ApplyingforaForeshoreConsent/. As part of the mandatory pre-application process, my Department will provide information specific to the nature of the application.
506. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government his plans to introduce legislation that would ensure the control of hunting dogs based on a case (details supplied); and if he will make a statement on the matter. [9659/14]
Amharc ar fhreagraThe Control of Dogs Act 1986, as amended, defines the obligations regarding control of dogs by their owners or any other person in charge of a dog. These obligations cover all dogs, regardless of whether they are hunting dogs or not.
Section 9 of the Act requires that the owner or person in charge of a dog must not permit the dog to be in any other place than the premises of the owner, the premises of such other person in charge of the dog or the premises of any other person with the consent of that person unless such owner or person in charge of the dog accompanies it and keeps it under effectual control.
Section 21 of the Act states that the owner of a dog is liable for damage caused in an attack on any person by the dog and for any injury done by it to any livestock. Section 22 of the Act enables any interested person to complain to the District Court that a dog is dangerous and not kept under proper control. The Court may, in addition to any other penalty which it may impose, order that the dog be kept under proper control or destroyed.
I have no plans at present to amend the relevant legislation.
507. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government if there are financial or medical exceptions to the housing grants scheme which permit a person aged under 66 to qualify for the housing adaptation grant for older people. [9684/14]
Amharc ar fhreagraWhile the age limit for eligibility under the Housing Aid for Older People grant scheme has increased from 60 to 66 years, in line with the majority of supports for older people, a lower age limit can apply in certain circumstances at the discretion of the Local Authority. This may happen in certain hardship cases or where specific advice is provided by medical professionals.
The detailed administration of the suite of Grants for Older People and People with a Disability, including the assessment, approval and payment of grants to applicants under the various grant measures, is the responsibility of the relevant local authority.
508. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will give consideration to the possibility of transferring motor tax from one vehicle to another in the event of a person purchasing-changing their car during the lifetime of their existing motor tax certificate; if he will agree that such a proposal may assist in generating business for the motor trade; and if he will make a statement on the matter. [9728/14]
Amharc ar fhreagraMotor tax discs are vehicle specific, with the registration number printed on them to ensure that the disc relates only to a particular vehicle and to prevent the same tax disc being transferred to vehicles other than the one that has been taxed.
There would be administrative and cost impacts attaching to any system of returning motor tax discs upon sale of the vehicle and issuing a new tax disc with a new registration number. These impacts would increase if the tax class of the replacement vehicle was not the same as the original vehicle.
Upon sale of a vehicle, the motor tax status of the vehicle does not change, and the vehicle remains taxed until the validity of the existing tax disc expires. Accordingly, the value of the residual motor tax can be factored into the price it is traded for, and it is not clear that transfer of the tax disc to a different vehicle could have any significant net impact on the cost of trading one vehicle for another.
It is also open to the seller of a vehicle to manage their motor tax affairs to minimise the residual motor tax upon sale of the vehicle, including through the availability of quarterly or half yearly motor tax options.
Accordingly, I do not propose to make the suggested change.
509. Deputy John Lyons asked the Minister for the Environment, Community and Local Government the chief executive officers of semi-State companies under the aegis of his Department who are on Hay contracts and those who are not on Hay contracts; and if he will make a statement on the matter. [10128/14]
Amharc ar fhreagraI assume that the question is referring to commercial semi state companies by the use of the term Hay contracts.
Irish Water is the only commercial semi-state company under the aegis of my Department and staff recruitment to Irish Water is a company operational matter in which I have no function.
My Department has asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water made contact with Oireachtas members in the last week to outline the arrangements for addressing such queries in a timely manner.
510. Deputy Robert Troy asked the Minister for Justice and Equality if he will ensure the death certificate in respect of a person (details supplied) is issued as soon as possible. [9489/14]
Amharc ar fhreagraUnder the Coroners Act, 1962, a Coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent and neither I nor my Department has any direct role in individual cases.
However, to be of assistance, general inquiries have been made in connection with the matter raised by the Deputy and I understand that the Coroner is awaiting a Post Mortem report in this case.
511. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will provide an update on the progress made towards full compliance with the UN Convention on the Rights of Persons with Disabilities; and when he envisions ratification of the convention will take place. [9566/14]
Amharc ar fhreagraThe Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.
An Inter-Departmental Committee on the Convention is monitoring the remaining legislative and administrative actions required to enable ratification. The Committee has identified as part of its work programme, issues to be considered by various Government Departments. It is a matter for those Departments to determine whether any actions are required in relation to these issues in advance of ratification and report back to the Committee. This work is ongoing in all Departments. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, is also assisting it to assess remaining requirements for ratification so as to ensure that all outstanding issues will be comprehensively addressed.
As regards my own Department one of the key requirements is the enactment of capacity legislation. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision - Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and to exercise their basic rights, in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill will be going to Committee stage shortly.
The enactment of this legislation is just one of the core elements of the remaining work to be completed to enable ratification by the State of the Convention.
