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Thursday, 1 May 2014

Written Answers Nos. 22-33

Dormant Accounts Fund Management

Ceisteanna (23)

Maureen O'Sullivan

Ceist:

23. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 348 of 1 April 2014, the current position on the new dormant accounts disbursement scheme which was approved by Government in December 2013 in accordance with the Dormant Accounts (Amendment) Act 2012 and laid before the Houses of the Oireachtas on 18 December 2013; if he will confirm whether this was his first public mention of this fact; the reason that there was no announcement of same on 18 December 2013; if he will now place the new dormant accounts disbursement plan on the record of Dáil Éireann; and if he will make a statement on the matter. [19453/14]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Parliamentary Question No. 348 of 1 April 2014. The Dormant Accounts Disbursement Scheme 2013-2016 was prepared after consultation with various Ministers as appropriate, including the Minister for Health, the Minister for Education and Skills and the Minister for Social Protection. The scheme was approved by Government in December 2013 and was laid before the Houses of the Oireachtas on 18 December 2013 in accordance with the Dormant Accounts (Amendment) Act 2012. Under Standing Order 176 of Dáil Éireann Standing Orders all documents laid before the Dáil are considered public.

The 2012 Dormant Accounts (Amendment) Act also provides for the preparation of an action plan to give effect to the disbursement scheme. My Department is currently in consultation with the Minister for Health, the Minister for Education and Skills and the Minister for Social Protection and other Ministers as appropriate, in order to finalise a Dormant Accounts Action Plan for 2014.

Organisations will be able to apply for funding once the action plan has been approved. I have allocated €5.456 million for Dormant Accounts Measures under my Department in 2014, which includes €2 million to be used to support labour force activation measures in local authorities.

Further data in relation to the Dormant Accounts Fund are available on my Department’s website at www.environ.ie.

Homelessness Strategy

Ceisteanna (24)

Richard Boyd Barrett

Ceist:

24. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government his short term plans to deal with the rapid increase in homelessness; the full costs of using hotels as emergency accommodation; the numbers of persons in this accommodation per local authority; his plans to acquire new emergency accommodation; and if he will make a statement on the matter. [19566/14]

Amharc ar fhreagra

Freagraí scríofa

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation for homeless persons rests with the housing authorities. The purposes for which housing authorities may incur expenditure in addressing homelessness are prescribed in Section 10 of the Housing Act 1988. My Department does not fund any service directly but provides funding to housing authorities towards the operational costs of homeless accommodation and related services under Section 10 of the Act. Housing authorities provide additional funding from their own resources.

The specific information sought in relation to expenditure on, and numbers residing in, hotel accommodation nationally is not available in my Department.

In February 2013, I published the Government’s Homelessness Policy Statement in which the Government's aim to end long-term homelessness by the end of 2016 was outlined. The statement emphasises a housing-led approach which is about accessing permanent housing as the primary response to all forms of homelessness. The availability and supply of secure, affordable and adequate housing is essential in ensuring sustainable tenancies and ending long-term homelessness.

The Homelessness Oversight Group, which I established in 2013 for the purposes of reviewing the progress of the approach being advocated in the Homelessness Policy Statement, identifying obstacles and proposing solutions, has submitted its first report to me. The report, which considered information on emergency and other accommodation, is available on my Department's website, at http://www.environ.ie/en/DevelopmentHousing/Housing/SpecialNeeds/HomelessPeople/.

A Homelessness Policy Implementation Team is tasked with implementing the Homelessness Oversight Group's First Report and it presented a draft implementation plan to the Cabinet Committee on Social Policy earlier this week. This plan outlines how the State responds to homelessness to achieve the national objective of ending involuntary long-term homelessness by 2016. It is a practically focused delivery plan so as to secure a ring-fenced supply of accommodation to house homeless households within the next three years and mobilising the necessary supports. The final will be published following formal consideration by Government in the coming weeks.

Question No. 25 answered with Question No. 9.

Planning Issues

Ceisteanna (26, 30)

Brian Stanley

Ceist:

26. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if Irish Water will sign off on the transfer of water services for new housing schemes prior to the schemes being taken over by the local authority. [19462/14]

Amharc ar fhreagra

Barry Cowen

Ceist:

30. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the position regarding delays to estates being taken in charge by local authorities in relation to the transfer of functions to Irish Water; and if he will make a statement on the matter. [19556/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 26 and 30 together.

Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains, or drains within the attendant grounds of the development.

The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be transferred by Ministerial Order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities. The potential to streamline this process for the future is currently under review.

In Circular Letter PL 21/13 issued by my Department to planning authorities on 30 December 2013 in the light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to further clarify the existing provisions on the taking in charge of housing estates would be made in 2014. As part of this process, my Department will also consider, in consultation with local authorities, whether it is appropriate to make further amendments to section 180 of the Planning and Development Act in relation to the taking in charge provisions generally in the context of the forthcoming Planning Bill, for instance in relation to the time limits for the taking in charge of estates.

In order to clarify the current up-to-date position with regard to the taking in charge of estates, my Department will shortly issue a further circular letter to planning authorities with a view to clearing up any misunderstandings that may exist in this regard.

Housing Adaptation Grant Funding

Ceisteanna (27)

Brian Stanley

Ceist:

27. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if the provision of ramps and stairlifts by local authorities now has to be processed by his Department. [19464/14]

Amharc ar fhreagra

Freagraí scríofa

On 16 January 2014, I announced details of the capital allocations under 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 . The detailed administration of the schemes , including the assessment, approval and payment of grants to applicants , is the responsibility of the local authority.

Three separate schemes are available, as follows:

(i) Housing Adaptation Grant for People with a Disability which assists people with a disability to have necessary adaptations, repairs or improvement works carried out in order to make their accommodation more suitable for their needs. Grants for up to €30,000 are available for works including the provision of access ramps, stair lifts, accessible toilet and shower facilities, wheelchair access and extensions.

(ii) The Mobility Aids Grant Scheme is available to fast track grants of up to €6,000 to cover a basic suite of works to address the mobility problems of a member of a household. Qualifying works include the provision of stair lifts, level access showers, access ramps, grab rails and some minor adaptation works .

(iii) The Housing Aid for Older People Scheme provides grants of up to € 8,000 to assist older people living in poor housing conditions to have necessary repairs or improvements carried out. Grant eligible works include structural repairs or improvements, re-wiring, repairs to or replacement of windows and doors, provision of water supply and sanitary facilities, provision of heating, cleaning, painting etc.

In the case of local authority owned properties, funding is allocated each year in respect of a range of measures to improve the standard and overall quality of local authority social housing stock, including the regeneration of large social housing estates and flat complexes, estate-wide remedial works schemes and a range of retrofitting works aimed at improving the fabric and energy efficiency of the properties. The management and maintenance of the social housing stock, including the compilation and funding of ongoing maintenance programme and minor adaptation works, is a matter for individual authorities.

Local authorities were advised earlier this year that funding for adaptations and extensions would be considered on a case by case basis. Authorities should, as far as possible, undertake and fund these works from own resources, including from Internal Capital Receipts (ICR’s), before seeking Exchequer funding. My Department will shortly request local authorities to report on their ICR-funded housing improvement works programmes for 2014. Requests for funding for adaptations and extensions to properties will be considered in the light of the returns received in this regard.

Building Regulations Compliance

Ceisteanna (28)

Mick Wallace

Ceist:

28. Deputy Mick Wallace asked the Minister for the Environment, Community and Local Government if he will consider including architectural technologists on the list of registers identified under the Building Control (Amendment) Regulations 2014; and if he will make a statement on the matter. [19461/14]

Amharc ar fhreagra

Freagraí scríofa

The statutory certificates of compliance prescribed under the Building Control (Amendment) Regulations 2014 must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors maintained by the Royal Institute of Architects in Ireland (RIAI) and the Society of Chartered Surveyors Ireland (SCSI) respectively in line with the Building Control Act 2007 or the register of chartered engineers established by Engineers Ireland (EI) 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 and reference to these professions in regulation is entirely appropriate.

Neither I nor my Department has any role in the assessment or validation of professional qualifications which is a matter for the professional bodies in their role as registration bodies under the Acts referred to above and as competent authorities for the purposes of the mutual recognition of professional qualifications in line with EU and national law.

There is no question of persons who are not included on the statutory registers being permitted to sign certificates of compliance.

Depending on their personal circumstances , it may be open to Architectural Technologists , who possess the requisite experience and competence in the design of buildings, to seek inclusion on either of the statutory registers. This would enable a person to sign statutory certificates of compliance as provided for under the new regulations. 

Architectural Technologists who consider they possess the requisite competence in the design of construction works should contact EI, RIAI and SCSI in order to identify the route to registration most suited to their own individual circumstances.

Question No. 29 answered with Question No. 9.
Question No. 30 answered with Question No. 26.

Private Residential Tenancies Board

Ceisteanna (31)

Clare Daly

Ceist:

31. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will commission a review of the Private Residential Tenancies Board to consider how best it can be restructured as the delay in hearing cases and issuing determinations is causing severe problems for tenants and landlords, undermining the whole notion of regulation of the area. [19456/14]

Amharc ar fhreagra

Freagraí scríofa

The Private Residential Tenancies Board (PRTB) was established under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the private rented residential sector.

My Department conducted a review of the Act in 2009 which included a specific focus on whether the Act best supports the PRTB’s key functions and on whether legislative amendments would support the achievement of additional operational efficiencies by the PRTB in the delivery of those functions. My Department engaged in extensive public consultations during the review and received a wide range of submissions. In April 2010, the Government approved the preparation of the Heads of a Bill to deliver on the review’s recommendations.

The Residential Tenancies (Amendment) (No. 2) Bill 2012 was published on 19 July 2012. The Bill builds on what has been achieved by the Residential Tenancies Act and the PRTB and provides for the further development of the rental sector into the future. This Bill has passed all stages in the Dáil, and is currently before the Seanad. It is intended that it will be enacted by the end of the Summer Oireachtas session 2014.

Among the main issues addressed by the amending legislation are:

- the inclusion of the Approved Housing Body (AHB) sector within the remit of the Residential Tenancies Act 2004;

- the delivery of the programme for Government commitment to establish a deposit protection scheme;

- the introduction of a new fast-track procedure to deal with non-payment of rent;

- the simplification and streamlining of the mediation process;

- the separation of the governance and quasi-judicial functions of the PRTB Board and the reduction of the maximum number of Board members from 15 to 12;

- the transfer of the functions of the Rent Tribunal to the PRTB on foot of the Government decision on the rationalisation of State agencies.

I am confident that these legislative changes will allow the Board to continue to discharge its statutory obligations in an independent, fair and efficient manner.

Pyrite Remediation Programme

Ceisteanna (32)

Clare Daly

Ceist:

32. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will intervene as a matter of urgency to revise the terms of the pyrite remediation scheme so that those who are moving out of their homes for at least three months to allow the remediation works to take place are assisted with rent payments upfront or that the financial institutions are requested to freeze their mortgages for the period as few families could pay both. [19455/14]

Amharc ar fhreagra

Freagraí scríofa

The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by pyrite. The pyrite remediation scheme was formally adopted by the Board on 12 February 2014 in accordance with the relevant provisions of the Act and, on 26 February 2014, the Board beg an to accept applications from homeowners affected by significant damage attributable to pyritic heave .

Section 14(2)(f) of the Act provides that the costs associated with the provision of alternative accommodation and expenses for the removal and storage of furniture may be paid in advance in certain circumstances subject to the limits set out in the pyrite remediation scheme. Against that background, paragraph 12.8 of the scheme provides that the earlier payment of vouched costs may be approved by the Housing Agency where it can be demonstrated, to the satisfaction of the Agency, that a payment of these costs on completion of the works would cause financial hardship.

Accordingly, there is no need to revise the terms of the pyrite remediation scheme given that provision is already made for the situation outlined in the Question.

Any concession in relation to mortgage payments would be a matter between the homeowner and their mortgage provider. I have no function in relation to this aspect of the matter.

EU Issues

Ceisteanna (33)

Brendan Smith

Ceist:

33. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the European Union membership applications submitted by Serbia, Macedonia, Montenegro, Turkey and Iceland; and if he will make a statement on the matter. [19859/14]

Amharc ar fhreagra

Freagraí scríofa

There are currently five countries that are candidates to join the European Union, Turkey, Iceland, Montenegro, Serbia and Macedonia, each of which is at a different stage on its path towards membership. Turkey has been a candidate since 1999 and is currently in accession negotiations with the European Union. The most recent chapter in the negotiations was opened last year, following agreement reached under the Irish Presidency of the EU. To date, some fourteen chapters have been opened in the negotiations. Montenegro has been a candidate since 2010 and began accession negotiations in 2012. These negotiations are continuing with two key chapters relating to the judiciary, fundamental rights and justice, freedom and security opened at the end of 2013.

Iceland is still officially a candidate for EU membership, although the Icelandic Government is currently considering its application following its decision last year to place the accession negotiations on hold.

Serbia is the most recent country to start accession negotiations with the European Union, which were launched earlier this year.

Macedonia has been a candidate since 2005 but has yet to start accession negotiations. In December last year, the General Affairs Council concluded:

“With a view to a possible decision of the European Council to open accession negotiations with the former Yugoslav Republic of Macedonia, the Council will revert to the issue in 2014, on the basis of an update by the Commission on further implementation of reforms in the context of the High Level Accession Dialogue, including the implementation of the 1 March political agreement and on tangible steps taken to promote good neighbourly relations and to reach a negotiated and mutually accepted solution to the name issue.”

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