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Wednesday, 12 Mar 2014

Written Answers Nos. 136-143

Planning Issues

Ceisteanna (136)

Brendan Griffin

Ceist:

136. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if a dispensation of the residency clause in planning conditions is available on hardship grounds; and if he will make a statement on the matter. [12401/14]

Amharc ar fhreagra

Freagraí scríofa

In the context of the broader efforts to control development in rural areas, my Department’s 2005 Guidelines for Planning Authorities on Sustainable Rural Housing recommend the attachment of a seven-year occupancy condition period for a dwelling being granted planning permission in a rural area. Nonetheless, within this period, it is open to the dwelling owner, with the consent of the planning authority, to sell the house to another person who would satisfy the local need criteria for the area. The Guidelines also recommend that such conditions shall not affect the sale of a dwelling by a mortgagee in possession or by any person deriving title from such a sale to facilitate the sale of property by lending institutions in circumstances relating to a loan foreclosure.

While the enforcement of such planning conditions is a matter for each planning authority, having regard to national policy, I understand that planning authorities consider requests for non-enforcement of occupancy conditions on a case-by-case basis from dwelling owners who may find themselves in “force majeure” situations similar to the above, such as marital breakdown or emigration, and which require the sale of their dwelling.

Water Services Provision

Ceisteanna (137)

Marcella Corcoran Kennedy

Ceist:

137. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government the plans that Irish Water has to extract water from the River Shannon and store it at Garryhinch to provide water to the greater Dublin area. [12405/14]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 174 of 20 February 2014 which sets out the position in this matter.

Private Residential Tenancies Board

Ceisteanna (138)

Simon Harris

Ceist:

138. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if he will provide details of the way many properties are registered with the Private Residential Tenancies Board; if he will provide a breakdown of those numbers by county; the way many properties which are currently rented are not registered with the PRTB; and if he will make a statement on the matter. [12415/14]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector and the Act provides that landlords in the sector must apply to register the tenancy of a dwelling with the Private Residential Tenancies Board (PRTB) within one month of the commencement of the tenancy. Tenancies may be registered by post or on-line and I understand that just over 40% of tenancies are currently registered through the on-line facility.  The PRTB is an independent statutory body and details of the register on a county or, in the case of Dublin, a postcode basis are available on its website www.prtb.ie and in its Annual Reports. The PRTB enforces tenancy registration requirements in accordance with the provisions of the Act, specifically Sections 144 and 145 which provide for the issuing of notices to landlords and/or occupiers of the dwellings in question and the prosecution of offenders for non-compliance with the registration requirement.

Departmental Reports

Ceisteanna (139)

Billy Kelleher

Ceist:

139. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the reports, reviews and studies commissioned by him or his Department or agencies under the aegis of his Department since 9 March 2011; the date on which they were commissioned; the date on which they were completed; the date on which they were published; the cost of each; and if he will make a statement on the matter. [12430/14]

Amharc ar fhreagra

Freagraí scríofa

Information requested relating to my Department is set out in the following table. Reports/reviews/studies commissioned by agencies under the aegis of my Department are a matter for the bodies concerned.

Consultant/Author etc.

Name/Description of Report/Review/Study

Date of Commission

Date or Expected Date of Publication

Amount Spent Since March 2011

AECOM

Cost optimal study for non-domestic buildings

November 2012

Published March 2013.

€56,227

Building Research Establishment Ltd.

Retrofitting Code of Practice.

March 2011

Published March 2014

(1)€21,190

Pyrite Panel

Report of the Pyrite Panel - Independent report to provide options for the Minister to deal with the pyrite problem.

September 2011

Published July 2012.

€21,470

Mr. David Lovegrove

2011 Report of the Dormant Accounts Board.

This report is a requirement under the Dormant Accounts (Amendment) Act 2005

Published July 2012.

€9,689

Mr. David Lovegrove

2012 Report of the Dormant Accounts Board.

This report is a requirement under the Dormant Accounts (Amendment) Act 2005

Published March 2013.

€1,120

Secretariat to the National Economic and Social Council of Ireland

Analysis on national climate policy.

December 2011

Interim report released October 2012; final report released in February 2013.

Nil

Economic and Social Research Institute (ESRI) & University College Cork (UCC)

Technical support on developing low carbon sector roadmaps for Ireland.

June 2013

No formal document due for publication.  The project relates to technical support.

€107,552

Economic and Social Research Institute (ESRI) & University College Cork (UCC)

Technical support for the purposes of advising Government on the proposed 2030 EU Framework for Climate and Energy Policies.

December 2013

No formal document due for publication.  The project relates to technical support.

€30,496

AP Env Econ Limited

Report on Greening the Economy.

November 2013

To be submitted to Government in Q1 2014.

€35,178

SLR Environmental Consulting (Ireland) Ltd

Report on Energy Transformation Project.

July 2013

Report will be submitted to the NESC Council for discussion in Q1 2014. Expected publication in Q2 2014.

€50,451

Dr. Eoin O'Sullivan, Trinity College Dublin

Review of the Homeless Strategy 2008-2013.

September 2011

Published November 2012.

€6,000

DKM Economic Consultants

Review of Part V of the Planning and Development Act 2000.

May 2012

Published July 2013.

€39,690

Indecon

Feasibility study on a Tenancy Deposit Protection Scheme.

May 2012

Published November 2012.

(2)€42,706

Version 1

Evaluation of ICT Disaster Recovery configuration and capability.

February 2012

Completed. Not intended for publication.

€9,363

Economic and Social Research Institute (ESRI)

Analysis of Property Tax Options - a report to the Interdepartmental Expert Group on Property Tax.

March 2012

Published December 2012.

€60,280

Inter-Departmental Group

Design of a Local Property Tax – Report of the Inter-Departmental Group.

January 2012

Published December 2012.

Nil

Barrow Archaeological Services

Archaeological reports on Met Éireann site at Valentia.

June 2011

Completed. Not intended for publication.

€1,210

Flynn Furney Consultants Ltd

Environmental Management Services re: review of CEMP at Valentia Site (Method Statement).

November 2012

Completed. Not intended for publication.

€3,167

Glas Ecology

Environment Management Plan (Breeding Chough and Peregrine Survey, Valentia Island, Co. Kerry).

April 2012

Completed. Not intended for publication.

€4,920

Malachy Walsh & Partners

EIS Screening Report for site at Valentia.

March 2011

Completed. Not intended for publication.

€6,336

Munster Archaeology

Report on archaeological investigation/survey of Met Éireann site at Valentia.

April 2012

Preliminary report published February 2014. Final report expected in June 2014.

€47,289

National Standards Authority Ireland (NSAI)

Audit reports for ISO9001:2008 in 2011 and 2012.

June 2011

Completed. Not intended for publication.

€6,699

ARUP Consulting Engineers

Study in respect of provision of fire detection and alarm systems in dwellings.

November 2011

Completed. Not intended for publication.

€29,935

Padraic Thornton Planning & Environmental Consultancy

Preparation of EIA Guidelines.

April 2012

Published March 2013.

€7,200

Mr. Hendrik W van der Kamp

Independent Evaluation of the Planning Review Report 2012.

October 2012

Published January 2013.

€12,096

Murtagh & Partners

Review of Dublin Region Homelessness Services and Funding in 2011.

July 2011

Published October 2011.

€27,800

Commission for the Economic Development of Rural Areas

Commission for the Economic Development of Rural Areas report on how to support the economic development of rural Ireland.

September 2012

Expected to be published in Q2 2014.

(3)€19,049

Housing & Sustainable Communities Ltd.

Toolkit for Local Authorities on regeneration.

April 2011

Completed. Not intended for publication.

€12,300

KW Research & Associates

NTACC Research into why Travellers leave Traveller-specific accommodation.

April 2013

Completed. Not intended for publication.

€9,921

Housing and Sustainable Communities Agency

Business Process Design of the Housing Assistance Payment.

June 2013

Completed. Not intended for publication.

€54,938

Housing and Sustainable Communities Agency

Review of leasing model.

March 2012

Completed. Not intended for publication.

€1,937

Housing and Sustainable Communities Agency

Review of CALF assessment process.

July 2013

Completed. Not intended for publication.

€11,675

Pembroke Communications

Advise on, and assist tendering process for, Tidy Towns sponsorship.

October 2011

No formal report due for publication.

€4,560

RPS Group

All Island Used Tyre Survey.

March 2012

Published March 2013.

(4)€17,673

RPS Group

Review of the Producer Responsibility Model in Ireland.

June 2012

Four reports published in 2013 and remainder to be published in Q2 this year.

€211,458

Fehilly Timoney & Company

Bulky Waste Reuse Best Practice - Feasibility Study.

January 2012

Published July 2013.

€55,289

Indecon

Regulatory Impact Analysis of proposed regulations for household food waste.

May 2011

Published June 2012.

€24,725

Certification Europe Ltd

Compost Quality Assurance Scheme.

August 2011

Launched October 2012.

€139,142

RPS

Provision of expertise concerning Strategic Environmental Assessment and Appropriate Assessment techniques for the evaluation and revision of Regional Waste Management Plans.

December 2011

Completed. No formal document due for publication.  The work is principally advice, guidance documents and technical expertise.

€45,223

SKM Enviros

Irish Recycled Plastic Waste Arisings Study.

October 2011

Published September 2011.

€37,566

Tobin Consulting Engineers

National Litter Pollution Monitoring System - 2011 Report.

June 2011

Published April 2012.

€61,077

Tobin Consulting Engineers

National Litter Pollution Monitoring System - 2012 Report.

May 2012

Published April 2013.

€58,271

Tobin Consulting Engineers

National Litter Pollution Monitoring System - 2013 Report.

May 2013

Expected to be published April 2014

€26,007

White Young Green

Annual Dust Impact Assessment Report (2011) at the Former Irish Steelworks Site, Haulbowline, Cobh, Co. Cork.

March 2011

Published March 2012.

(5)see footnote

Marine Institute

Marine Strategy Framework Directive - Initial Assessment.

September 2011

The technical report was published on the Department's website in Q2 2013 and the summary report was published in Q4 2013.

(6)€1,475,006

RPS Consulting Engineers

Public consultation process on the Marine Strategy Framework Directive and producing a report.

September 2013

Published November 2013.

€9,000

Price Waterhouse Coopers

Consultancy services on establishment of National Water Utility.

June 2011

Irish Water - Phase 1 report and appendices published January 2012 (www.environ.ie).  Implementation Strategy published December 2012 (www.environ.ie).

€179,584

Economic and Social Research Institute (ESRI)

Affordability aspects of the provision of water services in Ireland and subsequent analysis.

January 2013

Completed; at this time the report is not intended for publication.

€57,655

Mr. Seamus Woulfe SC

Review of the management by the Department of an application by Wicklow County Council for loan approval in respect of the compulsory purchase of land at Charlesland, Co. Wicklow - Phase 1.

January 2012

Published March 2012.

€19,680

Mr. Seamus Woulfe SC

Review of the compulsory acquisition of land by Wicklow County Council at Charlesland, Co. Wicklow - Phase 2.

June 2012

Published April 2013.

€49,200

MacCabe, Durney Barnes

Independent Planning Review

February 2014

Expected to be published in July 2014

€76,000 (estimate)

Total

-

-

-

€3,295,000

(1)The contract is in conjunction with the Sustainable Energy Authority of Ireland. Total cost of the study is €169,302 (inclusive of VAT). The Department's contribution is

€21,190 (inclusive of VAT) with the balance being met by the Sustainable Energy Authority of Ireland (i.e. €148,112 inclusive of VAT).

(2)This report was co-funded by my Department and the Private Residential Tenancies Board. The cost to my Department of €42,706 represents 50% of the total cost.

(3)This report has been co-funded by my Department, Teagasc and the Western Development Commission. The cost to my Department of €19,049 represents 40% of the overall expenditure.

(4)Survey jointly commissioned and funded by Department of the Environment in Northern Ireland and my Department.

(5)My Department previously provided funding to Cork County Council to support the production of an annual Dust Impact Assessment Report at the former Irish Steel site at Haulbowline Island. Following a Government Decision in June, 2011 the Department of Agriculture, Food and the Marine assumed the lead role in relation to the remedial works necessary to be undertaken on the site. Accordingly, funding provided to Cork County Council for the annual Dust Impact Assessment Report 2011 and subsequent years is a matter for the Department of Agriculture, Food and the Marine.

(6)This report arises from Ireland’s obligation to implement the EU Marine Strategy Framework Directive. The work primarily consists of a determination of the status of Ireland’s marine waters and the measures necessary to achieve, or maintain, the required status by 2020.

Ministerial Correspondence

Ceisteanna (140)

Michael Healy-Rae

Ceist:

140. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding town councils; and if he will make a statement on the matter. [12450/14]

Amharc ar fhreagra

Freagraí scríofa

The Government’s Action Programme for Effective Local Government sets out Government policy decisions in relation to a range of local government reform measures and the Local Government Reform Act 2014 provides the legislative basis for these measures. Specifically in relation to sub-county municipal governance, the 2014 Reform Act provides that all town councils will be dissolved and that the local authority for the county in which the town council was situated will become the successor authority for all purposes. Following the 2014 local elections, members elected for the local electoral area of Killarney will be members for both Killarney Municipal District and Kerry County Council and will perform functions at the appropriate level and in accordance with the listing of reserved functions set out in Schedule 3 of the 2014 Reform Act. There will be a single operational structure across the county and municipal districts will not have separate local authority or corporate status.

The 2014 Reform Act provides that the power for municipal district members to adopt the title of mayor instead of Cathaoirleach will be confined to the metropolitan districts of Limerick and Waterford and municipal districts containing former boroughs or towns with population of 20,000 or more. There is no provision for any exception to these arrangements.

Housing Adaptation Grant Funding

Ceisteanna (141)

Bernard Durkan

Ceist:

141. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if the full extent of the allocation in respect of housing adaptation grants to meet the accommodation needs of older people in County Kildare has been confirmed; the amount allocated to date in 2014; and if he will make a statement on the matter. [12452/14]

Amharc ar fhreagra

Freagraí scríofa

On 16 January 2014, I announced details of the capital allocations for the suite of Housing Adaptation Grants for Older People and People with a Disability . The schemes are funded by 80% recoupments available from my Department together with a 20% contribution from the resources of the local authority. Every local authority received increased funding for grants compared to the 2013 allocations.

The allocation to Kildare County Council in respect of the grant schemes for 2014 is €2,274,787 of which €454,957 is to be provided from the Council’s own revenue resources.

Deportation Orders Data

Ceisteanna (142)

Gerry Adams

Ceist:

142. Deputy Gerry Adams asked the Minister for Justice and Equality the numbers of persons that have been returned to Somalia in the past ten years; the number of persons that have been returned to Somaliland in the past ten years; and if he will make a statement on the matter. [12234/14]

Amharc ar fhreagra

Freagraí scríofa

A Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.

In determining whether to make a deportation order, I must have regard to the factors set out in Section 3 (6) of the Immigration Act, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that no persons have been returned to Somalia nor to Somaliland in the past 10 years.

Garda Recruitment

Ceisteanna (143)

John Halligan

Ceist:

143. Deputy John Halligan asked the Minister for Justice and Equality the criteria laid down for entrance to An Garda Síochána; the system used to shortlist the approximately 30,000 applications received for the recently advertised positions to 14,000; if any applicants who were already engaged in the reserve force were given any priority during this process; the number of applications if any received from outside Ireland; and if he will make a statement on the matter. [12244/14]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013.

The Public Appointments Service (PAS) are managing this recruitment process on behalf of the Garda Commissioner and I have no direct involvement in the matter. The first stages of the recruitment process - online assessments and tests - have now been completed and candidates who have qualified through these have been placed in order of merit into three bands. I understand that of the 25,000 applications received, around 18,000 candidates completed stage 1 tests. Of these, less than 13,000 reached a satisfactory standard in the tests and were placed in these three bands.

The Admission and Appointment Regulations provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member"shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full-time force undergo the same competitive selection and recruitment process. In doing so the integrity of the process is maintained at all stages of the competition.

It is not possible to provide figures on the number of applications received from outside Ireland.

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