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Wednesday, 4 Mar 2015

Written Answers Nos. 31-38

Water Pollution

Ceisteanna (31)

Fergus O'Dowd

Ceist:

31. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government the action he will take following a report (details supplied) that cancer causing toxins from illegal fuel laundering plants are being dumped into the Fane river, Dundalk, County Louth, and also into Lough Muckno and Lough Ross; and if he will make a statement on the matter. [8869/15]

Amharc ar fhreagra

Freagraí scríofa

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 involves taking the necessary measures, on behalf of the State, to ensure that any waste generated and left abandoned by diesel launderers is disposed of without endangering human health and without harming the environment, in particular without risk to water. The responsibility for the investigation of catchment-based water quality issues in this area lies with the local authorities and the responsibility for ensuring safe drinking water lies with Irish Water: both are supervised in these roles by the EPA. On noting the recent reports related to the River Fane, the EPA requested information from the local authorities involved, Louth and Monaghan County Councils. Both authorities have conducted inquiries into this matter with some operational support provided by the EPA.

The EPA also immediately initiated communication with Irish Water in relation to this matter. Irish Water has informed the EPA that they have carried out monitoring and it has not found PAHs in the River Fane abstraction point for the Dundalk supply. In addition, the EPA conducted an audit of the Dundalk drinking water plant on 5 February. The initial findings were discussed with Irish Water on that day, and I understand that a report will be issued shortly. The EPA is also in contact with cross-border authorities in relation to this matter and will remain in communication with the relevant authorities until it is brought to a satisfactory close.

With respect to the reported fuel laundering waste dumping incident at Lough Ross in County Monaghan, the Water Section of Monaghan County Council are reviewing analysis of results taken on the day. However, the ditch in question was stagnant (no flow) at the time and the spill was swiftly removed by Monaghan County Council Fire Brigade and by contractors acting on behalf of the Council.

More generally in relation to illegal fuel laundering, a complete solution to this problem must involve effective and co-ordinated enforcement of the law from both a revenue and waste management perspective. There is strong and active co-operation on this and other waste management issues between the relevant enforcement authorities on both sides of the Border. However, I have written 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 politically at the next meeting of the North South Ministerial Council.

Carbon Monoxide Poisoning Scheme

Ceisteanna (32)

Patrick O'Donovan

Ceist:

32. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will consider introducing legislation to ensure the installation of carbon monoxide alarms in public places, such as in hotels; and if he will make a statement on the matter. [9100/15]

Amharc ar fhreagra

Freagraí scríofa

The recent Building Regulations (Part J Amendment) Regulations 2014 and the accompanying Technical Guidance Document J – Heat Producing Appliances (2014), which came into effect on 1 September 2014, include new requirements in relation to the detection and warning of carbon monoxide in new dwellings, and in existing dwellings where the replacement of certain heat producing appliances is proposed. These requirements are in line with best practice in other countries and Ireland is one of the first countries to have such a broad requirement for carbon monoxide alarms.

From the evidence of carbon monoxide incidents in the UK and abroad, the majority appear to occur with solid fuel and gas appliances, with oil being the safest. Open flue or flueless appliances, because they take the combustion air from a room, have a potentially greater risk than a balanced flue scenario. In addition, Part L of the Building Regulations, which deals with the conservation of fuel and energy, has required all new and replacement boilers in dwellings to have an efficiency of 86% since 31 March 2008 and an efficiency of 90% since 1 December 2011. This promotes the installation of room sealed boilers, which have a lower risk of the escape of carbon monoxide due to balanced flues.

From an analysis of the incidents that have occurred in the UK, the predominant area for carbon monoxide fatalities is in dwellings. This analysis would appear to suggest that non-domestic buildings would not be considered high risk category having regard to the number of carbon monoxide incidences involved.

In light of the above factors, the latest requirements under Part J provide for the installation of carbon monoxide detectors in:

- new dwellings where open flue or flueless combustion appliances are being installed,

- existing dwellings where replacement open flue or flueless combustion appliances are being installed,

- habitable rooms where a system chimney attached to a heat producing appliance passes within or over such rooms.

While the new regulations will give added protection to new dwelling owners, and to the owners of existing dwellings when heat producing appliances are being replaced, it is important to note that the key actions required to prevent carbon monoxide incidences are and continue to be:

(1) the proper installation and commissioning of heat producing appliances and flues/chimneys,

(2) proper air supply is maintained to combustion devices, and

(3) the proper maintenance and inspection of combustion appliances on a regular basis.

Planning Issues

Ceisteanna (33)

Seán Kyne

Ceist:

33. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government his views regarding the proportion of new homes which must be reserved as social, or affordable, housing under Part 5 of the Planning and Development Acts; his further views that the original intent of Part 5 is being achieved; and if he will make a statement on the matter. [9079/15]

Amharc ar fhreagra

Freagraí scríofa

Under the existing Part V provisions, developers are required to ensure that up to 20% of land zoned for residential, and other uses, shall be reserved for social or affordable housing. However, with the substantial fall off in private construction, very little social housing is currently being provided under Part V. Informed by a recent review of the Part V provisions, which included a public consultation process, my Department has incorporated the required legislative changes into the General Scheme of the Planning and Development (No. 1) Bill which was published in November 2014 and is available on my Department’s website at: http://www.environ.ie/en/PublicationsDocuments/FileDownLoad,39512,en.pdf.

The General Scheme of the Bill was the subject of pre-legislative scrutiny by the Joint Committee on Environment, Culture and the Gaeltacht. The Bill is currently being drafted in consultation with the Office of the Parliamentary Counsel with a view to publication in the coming weeks and enactment before the summer recess.

The General Scheme provides that, in future, the focus of Part V will be on the delivery of social housing, with a requirement for up to 10% social housing in developments in excess of 9 units.  In the operation of these revised Part V arrangements, the priority will be to secure social housing units on-site; the making of cash payments in lieu of social housing is to be discontinued.

The changes to the Part V provisions that are proposed are a key component of the range of delivery mechanisms that will be required to achieve the targets set out in the Government’s Social Housing Strategy 2020 – Support, Supply and Reform.

Under the revised Part V provisions, it is estimated that in the region of 4,000 additional social housing units will be delivered by 2020. My Department has written to local authorities in recent days highlighting the importance of ensuring that Part V agreements are discharged in ways that maximise the potential for the immediate delivery of social housing units. I am committed to the principle of a social housing gain from private development and I believe that the Part V mechanism has the potential to be a significant contributor to social housing in the context of a recovering housing market.

Social Inclusion and Community Activation Programme

Ceisteanna (34)

Thomas P. Broughan

Ceist:

34. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will report on the outcome of the social inclusion and community activation programme tenders; and if he will make a statement on the matter. [8872/15]

Amharc ar fhreagra

Freagraí scríofa

My Department’s Local and Community Development Programme (LCDP) superseded the Local Development Social Inclusion and the Community Development Programmes in 2010. LCDP is the largest social inclusion intervention of its kind in the State and is being implemented on a transitional basis until the end of March 2015, pending the roll out of the new Social Inclusion and Community Activation Programme (SICAP) on 1 April 2015.

In accordance with the Public Spending Code, legal advice, good practice internationally and in order to ensure the optimum delivery of services to clients, SICAP is subject to a public procurement process, which is in its final stages.

I am aware that tenderers have now been informed of the outcome of their tender and contracts with the successful tenderers, for the delivery of SICAP, will be agreed shortly.

The primary focus of my Department is to ensure that the front-line services being supported, particularly those focused on the needs of the most socially deprived communities, are protected, given the need to ensure best value for the scarce resources available. I am confident that the new programme will provide key supports to those most in need in our communities.

I am satisfied that the procurement process was in line with good practice and I look forward to the commencement and roll out of SICAP on 1 April.

Rent Supplement Scheme Administration

Ceisteanna (35)

Thomas P. Broughan

Ceist:

35. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will report to Dáil Éireann on the progress of his meetings with the Irish Property Owners' Association; his plans to address rising rental market prices; and the impact of these rents on families in receipt of rent supplement and awaiting social housing. [9053/15]

Amharc ar fhreagra

Freagraí scríofa

My Department is consulting with the local government sector, social housing providers and landlord and tenant representatives in the course of drafting legislation to give effect to measures proposed in relation to tenants and unpaid water charges. Further details on the modalities involved will be available on publication of the draft legislation following Government approval and the completion of the necessary consultations with relevant representative organisations. The meeting with the Irish Property Owners Association was part of those consultations. The association also raised other issues of interest to it including the taxation treatment of landlords and the Housing (Standards for Rented Houses) Regulations.

In the third quarter of 2014, rents were 5.6% higher nationally than in the same quarter of 2013, according to the most recent rent index from the Private Residential Tenancies Board (PRTB). Rents for houses were 4.3% higher while apartment rents were 7.3% higher than in the same quarter of 2013. In Dublin, which is seeing the highest rates of increase nationally, overall rents were higher by 9.5% although the rate of annual increase was down slightly. Fundamentally, the main cause of rising rents is a lack of supply in the market. The implementation of the range of actions under the Government’s Construction 2020 Strategy will support increased housing supply. New house completions in 2014 amounted to 11,016 units nationally, up 33% on the 2013 figure. In the third quarter of 2014, planning permissions were granted for 2,144 dwellings, compared with 1,409 units for the same period in 2013 - an increase of 52%.

In addition, Social Housing Strategy 2020 published in November 2014 sets out clear, measurable actions and targets to increase the supply of social housing, reform delivery arrangements and meet the housing needs of all households on the housing list. The total targeted provision under the Social Housing Strategy of 110,000 social housing units includes the delivery of 35,000 units and a further 75,000 solutions through the HAP and RAS schemes. In 2015 alone we will provide over 7,000 new social housing units and a further 8,400 units will be secured under the HAP scheme.

The rent supplement scheme, administered by the Department of Social Protection, provides support to approximately 70,000 people living in private rented accommodation. Community Welfare officers have been reminded of their statutory discretionary power to award a supplement for rental purposes, for example, when dealing with applicants who are at risk of losing their tenancy.

In addition, the Department of Social Protection has agreed and implemented a tenancy sustainment protocol with the Dublin local authorities and voluntary organisations. The protocol applies where families in receipt of rent supplement are in danger of losing their tenancy. Since the launch of this protocol in mid-June 2014, over 370 families in Dublin have had their rent supplement payments increased. The protocol has now also been extended to Cork City.

The Government is monitoring the rental market closely and is considering policy options in relation to achieving greater rent certainty. My overriding objective in relation to rents is to achieve stability and sustainability in the market for the benefit of tenants, landlords and society as a whole.

Severe Weather Events Response

Ceisteanna (36)

Seán Kyne

Ceist:

36. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government , while acknowledging the allocation of funding in 2014 for repairs necessitated by the storm damage caused in January 2014, if funding will be made available to local authorities for repairs necessitated following damage caused by storms in February 2014, which were particularly acute on offshore islands. [9076/15]

Amharc ar fhreagra

Freagraí scríofa

The Government decided on 11 February 2014 to allocate funding of up to €69.5 million to local authorities in the areas worst affected by the first phase of severe weather in respect of the damage caused between 13 December 2013 and 6 January 2014. This was intended to support communities by restoring roads, coastal protection, amenities/facilities and other public infrastructure which had been damaged. It was agreed that the funding would be made available via the Votes of the appropriate Departments, namely, Department of Transport, Tourism and Sport; Department of Agriculture, Food and Marine; the Office of Public Works and my own Department. While my Department had an initial role in collating details and costs of damage in the immediate aftermath of the severe weather based on returns and estimates provided by local authorities, the other Departments and Offices listed above liaise directly with the local authorities on funding which falls under their remit.

In the case of funding requirements which fall under the remit of my Department, namely, tourism infrastructure funded by the local authorities, certain piers, harbours and other facilities in the charge of the local authorities, current costs totalling €4m and capital costs totalling €13.1m were estimated initially for the first phase of severe weather. For the second phase of severe weather, from 27 January to 17 February 2014, local authorities estimated current costs of €3.5m and €8.5m in capital costs. Local authorities have been informed that a degree of flexibility is available in prioritising projects between the two phases of severe weather within the sub-headings of their overall funding envelope. Some additional works beyond the original €7.5m initially estimated were identified under the current costs heading covering clean-up and necessary immediate repairs and by the end of 2014 €7.859m was disbursed by my Department. A further €5.994m has been paid by my Department in respect of capital costs in 2014.

Provision has been made in my Department’s Vote for a further €10m in respect of capital costs to be incurred by local authorities in 2015 on repair and remediation projects under the expenditure headings that fall under the remit of my Department as indicated above.

Local Authority Funding

Ceisteanna (37)

David Stanton

Ceist:

37. Deputy David Stanton asked the Minister for the Environment, Community and Local Government the policy and supports available from his Department to assist local authorities in carrying out twinning arrangements, under section 75 of the Local Government Act 2001; and if he will make a statement on the matter. [9012/15]

Amharc ar fhreagra

Freagraí scríofa

The law in relation to twinning arrangements is set out in section 75 of the Local Government Act 2001 and while there are no direct supports available from my Department, it would be open to local authorities to support such initiatives from local resources. In addition, at EU level, Strand 2 of the ‘Europe for Citizens’ Programme 2014-2020 includes a measure dealing with town twinning, details of which can be found at https://eacea.ec.europa.eu/europe-for-citizens_en.

NAMA Operations

Ceisteanna (38)

Paul Murphy

Ceist:

38. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government if he has concerns regarding the role of vulture funds in increasing rents by over 20%, as reported recently (details supplied); and his views on his position as regards their growing involvement in the residential sector, as result of buying up loan books sold off by the banks or the National Asset Management Agency. [9103/15]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants relating to, inter alia, security of tenure, termination of tenancies, rent and rent reviews. The 2004 Act provides that rents may not be greater than the open market rate and may only be reviewed upward or downward once a year unless there has been a substantial change in the nature of the accommodation that warrants a review. Tenants must be given 28 days’ notice of new rent and can make an application for dispute resolution to the Private Residential Tenancies Board (PRTB) where they feel the rent increase is in excess of the market rent. These provisions have effect notwithstanding any provision to the contrary in a lease or tenancy agreement. In terms of the current market, apartment rents in Dublin in the third quarter 2014 were 11.6% higher than the same period last year, according to the most recent rent index from the PRTB. The average rent for an apartment in Dublin is €1,170.

The main cause of rising rents is a lack of supply in the market. The implementation of the range of actions under the Government’s Construction 2020 Strategy will support increased housing supply. In addition, the recently published Social Housing Strategy 2020 sets out clear, measurable actions and targets to increase the supply of social housing, reform delivery arrangements and meet the housing needs of all households on the housing list. The total targeted provision of over 110,000 social housing units will address the needs of the 90,000 households on the housing waiting list in full, with flexibility to meet potential future demand.

As the Deputy will be aware, a significant consequence of the financial crisis in Ireland has been the deleveraging of our financial services system, which includes the individual bank asset sales programmes which are now largely complete, the liquidation of IBRC and the on-going disposal of NAMA's assets.

A key objective in each of these deleveraging processes has been to achieve the best possible financial return for the State.  With asset disposal processes occurring and set to continue in both Ireland and across Europe, Irish institutions have and will continue to face competition for investment capital as they seek to achieve the best possible financial return.

Ireland is a small open economy and as such we do not discriminate between domestic and international investment capital.  The vast majority of Irish assets sold in the wake of the financial crisis have been openly marketed for sale to ensure that the best price available in the market is achieved. This approach allows both Irish and non-Irish buyers to compete for all assets. It would not be in the interest of the State to favour any class of buyer or impose restrictions or curtailments on these transactions.

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