Written Answers Nos. 502-516
503. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent of her ongoing dialogue with the authorities in respect of smaller urban or rural denominational schools with a view to meeting, in so far as is possible meeting the concerns of the school authorities involved; and if she will make a statement on the matter. [3911/15]
Amharc ar fhreagraI am aware of the concerns of the authorities of the smaller denominational schools. There are many aspects to be considered in regard to school provision, apart from pupil enrolment. Among them are questions such as availability of diversity of provision, ethos of schools, parental choice, language of instruction, pupil travel distances, transport costs and the impact of schools on dispersed rural communities. I am mindful of the concerns of small schools and will take them into account in considering any planning framework for future provision of schools.
504. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government if he will revise the valuations for the mortgage to rent scheme as with the increase in valuations in the housing market in 2014 in view of the €180,000 threshold being now too low for many mortgage holders particularly in the greater Dublin area; and if he will make a statement on the matter. [3310/15]
Amharc ar fhreagraIn order for a property to be considered under the mortgage to rent scheme it must be purchased by an Approved Housing Body for less than €220,000 (per property) in the Greater Dublin Area and €180,000 (per property) in the rest of the country. These limits were determined by a working group which took account of available market data and the current social housing acquisition limits. These limits are considered to be reasonable in respect of the income bracket that is targeted by the scheme.
505. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans to re-establish the previous policy of rural proofing legislation; and if he will make a statement on the matter. [3385/15]
Amharc ar fhreagraI can advise the Deputy that where new legislation is proposed the current requirement is that a Regulatory Impact Assessment (RIA), which includes a rural impact assessment, should be carried out to assess the likely effects of the proposed legislation.
As I have been recently assigned to the role of Minister for Rural Affairs, I hope to examine the practical implementation of the rural proofing requirements to ensure that new initiatives and legislation are fully assessed in terms of their impact on rural communities so that the needs of those citizens are fully considered.
506. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government the remedies that are made available to landlords whereby in an apartment building one resident, an owner occupier, is causing a continuous noise disturbance and is causing other residents to move out and is causing financial loss to landlords as a result, noting that section 108 of the Environmental Protection Agency Act 1992 provides for an application to the District Court for an order in respect of noise pollution but does not afford a landlord in the above situation locus standi to bring such an action even though their interests are directly affected; if he will amend the law to provide landlords a direct remedy in this situation; and if he will make a statement on the matter. [3444/15]
Amharc ar fhreagraCurrently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. Furthermore, in the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies. Tenant obligations under the Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour which is defined as including persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood. The Act also imposes an obligation on landlords to enforce the tenant obligations.
A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available to view and download on my Department’s website:http://www.environ.ie/en/Publications/Environment/Miscellaneous/FileDownLoad,1319,en.pdf.
The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia , through consideration of the introduction of fixed payment notices (also known as on-the-spot fines). The development of new noise legislation by my Department is being considered in the context of this commitment , and this specific issue will be considered as part of this process . However, as indicated in the Government’s Legislation Programme published on 14 January 2015, it is not possible at this time to indicate when such a Bill might be published, having regard to the broad range of legislative priorities to be progressed across my Department’s remit.
507. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the toxic dumping into the Dundalk, County Louth, water supply; if there will be immediate intervention from the Environmental Protection Agency; if he has figures in relation to the amount of toxic dumping which is being dumped into the Fane river; and if he will make a statement on the matter. [3549/15]
Amharc ar fhreagra512. Deputy Peter Fitzpatrick asked the Minister for the Environment, Community and Local Government the position regarding the illegal diesel laundering waste into the Fane river, County Louth; and if he will make a statement on the matter. [3475/15]
Amharc ar fhreagra537. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government if he will request an Environmental Protection Agency test, assessment and report on the quality of water in Lough Muckno, Castleblayney, County Monaghan, and in the Fane river and in the domestic water supply source to the town of Dundalk, County Louth, following reports that diesel laundering waste has been either dumped in or allowed seep into these water courses; if he will arrange for these tests to be carried out without delay in view of the very understandable concern among the dependent community as a result of these claims; if he will undertake to publish the full findings and the steps, he is advised to take both immediately and, if acceptable, in the medium term; and if he will make a statement on the matter. [3706/15]
Amharc ar fhreagraI propose to take Questions Nos. 507, 512 and 537 together.
I share the Deputies’ concerns regarding the media reports about an alleged pollution discharge to Lough Ross in Co. Armagh entering the River Fane system which is the source of the drinking water supply for Dundalk.
It is the responsibility of Irish Water to assess the risk of contamination to public water drinking sources and to monitor any such risks. Monitoring occurs of the source water, the water after treatment and the water at the point of use within the water network and drinking water sample results for 2014 are fully compliant with the Drinking Water Regulations. If the supply becomes contaminated or fails to meet the minimum drinking water quality standards Irish Water must notify the Environmental Protection Agency (EPA) promptly. The EPA investigates all such notifications to ensure that remedial action is taken to prevent any reoccurrence.
In this regard, I understand that Louth County Council, on behalf of Irish Water, has contacted the relevant authorities in Northern Ireland to investigate this specific allegation.
Lough Muckno is part of the EPA’s national Lake Monitoring Programme network under the Water Framework Directive. Biological monitoring is undertaken every 3 years and monitoring of the general physical conditions is undertaken every year with samples analysed for 13 specific parameters.
The Local Government (Water Pollution) Acts carry a general prohibition on the entry of any polluting matter to waters. Any persons causing or permitting polluting matter to enter waters is liable on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years, or both. The primary enforcement responsibility in relation to water pollution rests with local authorities, which are in turn supervised by the EPA for this purpose. Local authorities issue a significant number of enforcement notices every year under the Local Government (Water Pollution) Acts. These enforcement notices require respondents to carry out actions to prevent or remedy water pollution, and are followed up by prosecutions where necessary.
Enforcement in relation to illegal diesel laundering activities is primarily a matter for the Revenue Commissioners from the point of view of avoiding loss of revenue to the Exchequer. My Department assists local authorities in carrying out their role as competent authorities under waste legislation, which is to take the necessary measures, on behalf of the State, to ensure that any waste generated and left abandoned by the diesel launderers is disposed of without endangering human health and without harming the environment, in particular without risk to water.
Approximately 1,200 incidents of diesel laundering waste dumping have been dealt with by local authorities since 2008 and to date my Department has reimbursed all of the costs associated with such disposal on a case by case basis. Almost half of the clean-up operations have taken place in County Louth with 596 incidents having been dealt with at a cost of approximately €4.8 million.
Following discussions with An Garda Síochána, the Revenue Commissioners and Monaghan County Council who have also been seriously affected by this issue, my Department has agreed to fund a pilot sampling programme for abandoned fuel laundering waste material in order to generate improved intelligence. This exercise may result in linking dump sites to particular laundering processes as well as identifying the origins of the diesel based on the markers detected in the analysed material. The pilot programme will be carried out by a specialised contractor who will visit the sites, sample the waste, deliver these samples to the state laboratory and compile a report based on that analysis.
My Department, as part of on-going cooperation with the Northern Ireland authorities on repatriation of illegally deposited waste in Northern Ireland, has held recent discussions with the relevant Northern Ireland authorities on the need to develop a mechanism for dealing with waste from cross-border diesel washings which would be factored into the overall discussions on waste repatriation. These discussions are on-going.
There is strong end active co-operation on this and other waste management issues between the relevant enforcement authorities on both sides of the Border, involving An Garda Síochána, the Police Service of Northern Ireland and other enforcement agencies. However, I will be writing to my counterpart in the Northern Ireland Executive, Minister Mark Durkan, to highlight again the problems being faced by border counties exposed to the consequences of environmental crime and will also raise the issue at the next meeting of the North South Ministerial Council.
I believe that a complete solution to this problem must necessarily involve effective and co-ordinated enforcement of the law from both a revenue and waste management perspective. In that context, my Department continues to liaise with representatives of the Revenue Commissioners, the local authorities concerned and the EPA’s Office of Environmental Enforcement to seek to identify more effective enforcement solutions.
508. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government in view of the amendment accepted to the National Lottery Bill, including natural environment agencies, as potential recipients as of April 2013, the procedure for agencies and groups that qualify for funding under the amendment to apply for funding; and if he will make a statement on the matter. [47713/14]
Amharc ar fhreagraThe inclusion of Section 41(1) of the National Lottery Act 2013 , incorporating the new heading “natural environment” as one of the purposes for which the proceeds of the National Lottery may be applied, is to be welcomed. My Department is currently giving consideration to an appropriate mechanism for the disbursement of funds under this heading.
It is worth noting that my Department already provides funding to a wide range of environmental initiatives, including the Local Agenda 21 Environmental Partnership Fund which provides grants to small-scale environmental projects at local level. My Department provided €397,000 under this scheme in 2014 and this was matched with an equivalent amount from the relevant local authorities. This funding scheme is advertised in national and local papers and groups apply for funding through their relevant local authority. The 2015 scheme will be announced later this year.
My Department also provides core funding and capacity building funding to environmental Non-Governmental Organisations, including the Irish Environmental Network (IEN) and the Sustainable Water Network (SWAN). Funding of €867,000 was provided for IEN, Environmental Pillar and Environmental Law Implementation Group activities in 2014, of which €415,000 was provided for disbursal to IEN member organisations. Funding of €168,000 was provided to SWAN in 2014. It is also open to environmental NGOs to apply for National Lottery funding, for relevant projects, through the Heritage Council’s National Lottery Scheme.
509. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government the number of residential mortgages approved under the mortgage to rent scheme to date; and if he will make a statement on the matter. [3779/15]
Amharc ar fhreagraThere are currently two mortgage-to-rent schemes in operation through my Department. A scheme exists whereby a local authority (LA) can acquire ownership of properties with unsustainable local authority mortgages, thus enabling the household to remain in their home as a social housing tenant (LA- mortgage-to-rent). The other scheme provides for an Approved Housing Body (AHB) to acquire ownership of a property with an unsustainable private mortgage, which also enables the household to remain in their home as a social housing tenant (AHB-mortgage-to-rent). Both schemes are designed to assist families with income difficulties whose mortgages are now unsustainable, and where there is little or no prospect of a significant change in circumstances in the foreseeable future. To be eligible for the AHB-mortgage-to-rent scheme a household must have had their mortgage position deemed unsustainable under the Mortgage Arrears Resolution Process, agree to the voluntary surrender of their home, be in negative equity, and be deemed eligible for social housing in accordance with section 20 of the Housing (Miscellaneous Provisions) Act, 2009.
A total of 2,598 cases had been submitted by the end of December 2014 under the AHB-mortgage-to-rent scheme. Of these 1,040 were ineligible or terminated during the process, of which 276 cases were not progressed because the household in question was deemed to be over or under accommodated. Agreement on the sale could not be agreed on a further 46 cases. Of the remaining cases submitted, 68 have been completed, 1,002 are currently with the lenders who are seeking the consent of borrowers to share information and for the carrying out of an independent valuation, and the remaining 442 are actively being progressed. My Department has issued funding approval in respect of 119 cases.
The Local Authority Mortgage to Rent (LAMTR) scheme, which was rolled out nationally in February 2014, allows local authorities to offer the mortgage to rent scheme to local authority mortgage holders with unsustainable mortgages. The national roll-out followed a pilot scheme in 2013 under which 18 households were assisted. In 2014, a further 64 households in distress with local authority mortgage arrears were assisted through the scheme, which continues to operate.
My Department issued revised guidelines to local authorities for dealing with mortgage arrears within the local authority sector in June 2014. Dealing with Mortgage Arrears – A Guide for Local Authorities is available on my Department’s website at:
http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,30943,en.pdf.
The Mortgage Arrears Resolution Process, already in place in respect of commercial mortgages, is now being implemented across all local authorities. In cases of acute mortgage distress, homeowners also have the option of seeking to avail of the legal process now also in place to deal with personal insolvency.
510. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the progress that has been made to tackle homelessness both in Dublin and nationwide since the homelessness forum met in December 2014; and if he will make a statement on the matter. [3401/15]
Amharc ar fhreagraOn 4 December 2014, I hosted a special Summit on Homelessness to reaffirm the Government's commitment to end involuntary long-term homelessness by the end of 2016. A number of actions arising from the Summit were considered at the meeting of the Cabinet Committee on Social Policy and Public Service Reform on 8 December and were then formalised into an Action Plan to Address Homelessness which was noted by the Government at its meeting on 9 December 2014. A copy of this action plan is available on my Department’s website at the following link: http://www.environ.ie/en/DevelopmentHousing/Housing/SpecialNeeds/HomelessPeople/. Progress in implementing this plan is overseen by the Cabinet Committee on Social Policy and Public Service Reform and a copy of the most recent progress report is also available on my Department’s website at the link provided above.
In addition to those actions which constitute an immediate response to the issue of rough sleeping in Dublin, actions have been identified which tackle the more systemic issues, classified under the three categories of the ‘housing-led’ approach. There is enough accommodation available for all those sleeping rough, so that no one needs to sleep rough unless they choose to do so. The number and availability of emergency beds is being monitored closely by Dublin City Council and further beds will be brought on stream should the need arise.
Where a homeless person does not want to be placed in emergency accommodation, the Housing First intake street team will refer the person to the newly established Nite Café which is now fully operational. The Nite Café links in with the new Transport with support services for those sleeping rough as an integral part of the Housing First service. This initiative transports homeless persons to emergency accommodation and provides them with the necessary health and care supports in conjunction with other State providers.
The long-term solution to homelessness is to increase the supply of homes. In November 2014, I launched the Government’s Social Housing Strategy 2020. This six-year strategy sets out to provide 35,000 new social housing units at a cost of €3.8 billion and restores the State to a central role in the provision of social housing through, inter alia, a resumption of direct building on a significant scale by local authorities and Approved Housing Bodies.
511. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will streamline the compulsory purchase order process for lands at dangerous locations along regional and local roads, as distinct from large new road projects; his views that the current process is completely unfit for purpose for councils to acquire small pieces of ditches, embankments or fields at one off locations as in effect, councils depend entirely on the co-operation of the landowner; the possible legislative or other solutions to make this process more timely and affordable; and if he will make a statement on the matter. [3402/15]
Amharc ar fhreagraI have not been made aware by local authorities or An Bord Pleanála of any difficulties or issues regarding the procedures for the compulsory acquisition of land at dangerous locations along regional and local roads for road enhancement purposes, and I have not received any request to amend the relevant procedures in this regard which are set out in the Housing Act 1966, as amended. Accordingly, I have no plans to amend the existing provisions at this point in time.
513. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the proposed provisions to be included in the new water services Bill. [3501/15]
Amharc ar fhreagraI will be seeking Government approval shortly to publish the Water Services Bill 2015 which will provide for a number of outstanding issues relating to the water charges package I announced on 19 November 2014. These matters were not included in the Water Services Act 2014 due to the requirement for additional consultations to take place with stakeholders. The Bill will, in the main, make provision for addressing any unpaid water bills relating to domestic property including privately owned and occupied property, private rented accommodation and local authority rented accommodation.
514. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government the number of building condition assessments with damage condition rating 2 received by the Pyrite Resolution Board; and the number of houses remediated since the Pyrite Resolution Board began accepting the BCAs in August 2013. [3514/15]
Amharc ar fhreagra515. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government if he will provide an estimate of the number of pyrite damaged houses which will be remediated using the funds provided by the taxpayer in the last and current budget; the additional funds that will be made available to remediate houses damaged by pyrite heave; and his views on the surplus of €25 million declared by a company (details supplied). [3515/15]
Amharc ar fhreagraI propose to take Questions Nos. 514 and 515 together.
The Pyrite Resolution Board commenced accepting applications from eligible homeowners for inclusion in the pyrite remediation scheme on 26 February 2014. As matters stand , the Board has received in the order of 627 completed applications of which some 597 have a Building Condition Assessment with a damage condition rating of 2. A total of 485 applications have been validated by the Board and forwarded to the Housing Agency for the verification stage; of those 295 have now been approved by the Board for inclusion in the scheme and the applicants have been notified. Applications for dwellings not yet included in the scheme are being processed as quickly as individual circumstances allow.
A pilot project involving the remediation of 5 dwellings was completed in the latter half of 2014. I understand that a works contract for 20 houses has recently been awarded and is due to commence shortly while procurement is underway in relation to a further 4 developments involving some 73 dwellings. In addition, I understand that tenders are due to issue on a further 49 dwellings before the end of this month. In light of the build-up of projects under the scheme, an allocation of €10 million is being provided for 2015.
HomeBond is a private limited company providing structural guarantees for new houses and, since November 2008, the HomeBond Insurance scheme is underwritten by Allianz Insurance. As is the case for any private company, its operations are a matter for its management and Board of Directors. My Department understands that HomeBond Insurance Services Ltd is regulated by the Central Bank of Ireland. As a private company, my Department has no role or function in its operations.
However, in the context of the pyrite remediation scheme, an agreement was concluded between the Pyrite Resolution Board and HomeBond in June 2014 on the type and level of services which HomeBond will provide to the Board. My Department understands that HomeBond will contribute technical and project management services, under the direction and supervision of the Pyrite Resolution Board and/or the Housing Agency, to the value of €2 million.
516. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if three of the nine board members of the Western Development Commission appointed by his predecessor on behalf of the Government are former Fine Gael councillors; if another of the board members is a former election candidate for the Labour Party; and if he will make a statement on the matter. [3528/15]
Amharc ar fhreagraI am advised that three members of the current Western Development Commission Board were former Fine Gael Councillors and one Board Member was a former Labour Party candidate.
All of the appointments to the current Western Development Commission Board were made in line with section 9(2) of the Western Development Commission Act 1998. Each of the Board members has significant experience in their respective fields, which makes them suitably qualified to “foster and encourage economic and social development in the Western Region”, which is the main function of the Commission.
In compliance with arrangements proposed by my colleague, the Minister for Public Expenditure and Reform, and approved by Government on 30 September 2014, future appointments to State Boards which come under the aegis of my Department will be advertised openly on the State Boards portal at www.stateboards.ie, which is operated by the Public Appointments Service.
