Written Answers Nos. 127-134
127. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will guarantee that all of the local property tax collected in 2014 will be allocated to local authorities. [21685/14]
Amharc ar fhreagraThe local government funding model is changing considerably in 2014. Under the Finance (Local Property Tax) Act 2012, as amended, commencing this year, the Minister for Finance will pay into the Local Government Fund an amount equivalent to the Local Property Tax paid into the Central Fund during that year. Details of the proposed expenditure from the Local Government Fund are set out in the Revised Estimates Volume for Public Services 2014 as published by the Department of Public Expenditure and Reform.
Local Property Tax paid into the Local Government Fund in 2014 will contribute to a range of financial supports being provided to local authorities, including General Purpose Grants and funding, on the basis of Service Level Agreements, for water services which local authorities will be providing on behalf of Irish Water.
128. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the position regarding the sewage treatment works at Duncannon; and if he will make a statement on the matter. [21686/14]
Amharc ar fhreagraThe Wexford Villages Sewerage Scheme was included in the Water Services Investment Programme 2010 – 2013 amongst the schemes that were to advance through planning during the life of the programme. The scheme was to provide new and upgraded sewerage facilities in the County Wexford villages of Duncannon, Arthurstown, Ballycanew, Clonroche, Ballyhack, Campile and Wellingtonbridge.
Wexford County Council submitted Preliminary Reports for Duncannon and 10 other villages in County Wexford to my Department in 2007. These Schemes were included in the 2007-2009 Water Services Investment Programme. In 2009 my Department asked the Council to revise the Preliminary Reports to address issues such as the proposed development scale of each of the villages, affordability, population projections, etc.
A revised Preliminary Report for Duncannon and the other 6 villages included in the 2010 – 2013 Water Services Investment Programme was submitted to my Department in December 2013. The revised Preliminary Report had not been assessed by my Department prior to the transfer of responsibility for the delivery of Water Services Capital Infrastructure to Irish Water on 1 January 2014.
Irish Water has published its Capital Investment Plan for 2014 – 2016 and this provides for the transition of projects which were included in my Department’s 2010 - 2013 Water Services Investment Programme. Irish Water has confirmed to my Department that it has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on 1890 278 278.
129. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government if he will confirm that housing estates (details supplied) in County Cork are the subject of negotiations between his Department, Irish Water and Cork County Council with regard to their possible takeover by Irish Water; if, in these circumstances where the pumping station-treatment facilities are regularly malfunctioning and the developer is no longer in business, he will clarify the way the requisite works to address infrastructural deficits in the treatment plant can be funded; and if he will make a statement on the matter. [21720/14]
Amharc ar fhreagraSection 180 of the Planning and Development Act 2000 provides that where an estate is completed to the satisfaction of the planning authority in accordance with the planning permission (and any conditions attached to the permission) the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners. Similarly, where an estate has not been completed to the standard outlined in the planning permission and the planning authority has not taken enforcement action within seven years of the expiry of the permission authorising the development, section 180 also provides that the planning authority must initiate taking in charge procedures if requested to do so by the owners of the units concerned. The decision as to whether an estate should be taken in charge is ultimately one for the elected members of the planning authority.
Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a local authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the local authority considers that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.
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.
My Department has no responsibility for, or role to play in, the day to day management, maintenance or operation of water or waste water infrastructure. However, it is aware of problems with some water services infrastructure that was provided by developers and which is not connected to the public network. My Department is currently considering what long-term solutions might be appropriate in such cases.
131. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to introduce a ban on election posters or a limit on the number of election posters that can be erected in local and general elections; and if he will make a statement on the matter. [21806/14]
Amharc ar fhreagraI refer to the reply to Question No. 294 of 6 May 2014, which sets out the position in this matter.
132. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will investigate the issue of water leakage after a meter was installed by Uisce Éireann in a household (details supplied) in Dublin 3; and if he will make a statement on the matter. [21819/14]
Amharc ar fhreagraThe Programme for Government sets out a commitment to the introduction of water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act 2013 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigned the necessary powers to allow Irish Water to undertake the metering programme.
It was always anticipated that in the course of installing meters, pre-existing leaks and other latent defects due to the age or condition of the water pipes would be discovered. Accordingly, where a leak occurs, it is not necessarily the case that it was caused by Irish Water’s contractors. Irish Water has confirmed to my Department that the company investigated the issue at question in consultation with the householder and it has been concluded that the cause of the leak is not in any way related to the meter installation. This information has been previously communicated to the householder following the investigations that took place.
The Government has decided to introduce a “first fix free policy” to assist householders who may have issues with leaks on their property. Under this scheme, Irish Water will deliver a scheme entitling every household to a free fix of the first leak on a customer’s water supply pipe . Details of the scheme will be announced by Irish Water shortly.
It should also be noted that Irish Water has established a dedicated team to deal with representations and queries from public representatives. It may be contacted via email to oireachtasmembers@water.ie or by telephone on 1890 278 278.
133. Deputy Dan Neville asked the Minister for the Environment, Community and Local Government the position regarding the discussion between his Department and the Chartered Institute of Architectural Technologists, CIAT. [21829/14]
Amharc ar fhreagraMy Department has had detailed engagement with the Chartered Institute of Architectural Technologists (CIAT ) subsequent to the public consultation process undertaken during April and May 2012 which led to the recent Building Control (Amendment) Regulations 2014. In this regard, my Department has outlined a number of options in keeping with the Building Control Act 2007 which may be pursued by CIAT with a view to progressing the registration of its Chartered Architectural Technologist members. In May 2013 CIAT presented a case for recognition of Chartered Architectural Technologists as a route to inclusion on the register of Building Surveyors maintained by the Society of Chartered Surveyors of Ireland in line with the Building Control Act 2007. The CIAT case is based on benchmarking the competence of Chartered Architectural Technologists against existing routes to registration as a Building Surveyor. In June 2013 CIAT presented a similar case in respect of inclusion on the register of Architects maintained by the Royal Institution of Architects of Ireland (RIAI) in line with Part 3 of the Building Control Act 2007.
The SCSI and the RIAI, as the registration bodies for the relevant professions under the Act of 2007, and as the competent authorities in Ireland for the purposes of the EU Directive on the recognition of Professional Qualifications, are currently considering the cases put forward by CIAT . Neither I nor my Department have any role in the assessment or validation of professional qualifications in this manner and cannot pre-empt the outcome in either case. However, should the SCSI or the RIAI as appropriate determine that the competence of the Chartered Architectural Technologists is equivalent to the requirements for inclusion on either register, it would fall to me as Minister to bring forward relevant suitable amendments to the Building Control Act 2007.
It is also worth noting that 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 one of the statutory registers.
I would therefore encourage those Architectural Technologists who consider they possess the requisite competence in the design of construction works to contact the SCSI or the RIAI in order to pursue registration so that they can avail of the many opportunities that will now be available to registered construction professionals as a consequence of the Building Control (Amendment) Regulations 2014.
134. Deputy Clare Daly asked the Minister for Defence further to Parliamentary Question No. 20 of 7 May 2014, about the USS Leyte Gulf cruiser being docked in Cobh, if the ship was searched; and if not, how does he know it was not armed. [21709/14]
Amharc ar fhreagraI can confirm that the ship in question was not searched. As outlined in the answer provided to the Parliamentary Question referred to, foreign naval vessels are granted permission to visit Irish ports on condition that assurances have been received from the Embassy of the country concerned that they meet the necessary policy conditions, which require that the vessels are not carrying nuclear weapons and are not engaged in a naval exercise.
The principle of sovereign immunity applies to foreign naval vessels. In accordance with international law and practice, naval vessels which are docked in Ireland with the permission of the Government are not subject to searches or inspections.
