Written Answers Nos. 432-446
432. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government when the funding for group water scheme upgrades and private water scheme upgrades will be made available to the local authority in Kerry County Council; and if he will make a statement on the matter. [16649/15]
Amharc ar fhreagraResponsibility for the administration of my Department’s Rural Water Programme, which includes funding for group water schemes, has been devolved to local authorities since 1997.
The annual block grant allocations provided by my Department to the local authorities under the programme, in respect of group water schemes, are based, in the first instance, on the requests for funding received from the authorities at the beginning of each year. The authorities’ requests for funding under the 2015 Rural Water Programme are being examined in my Department. I expect to announce details of the 2015 allocations shortly.
433. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he has any environmental or safety concerns regarding the proposed aviation fuel pipeline along the Clontarf Road and Copeland Avenue, Dublin 3, and Malahide Road, Dublin 5, in view of the concerns of local residents. [16681/15]
Amharc ar fhreagraI understand that planning applications have been made to Fingal County Council and Dublin City Council in respect of this proposed project. These applications will be considered under the Planning and Development Acts and Regulations, including the requirements for environmental impact assessment and appropriate assessment, where necessary.
The decision whether to grant permission is a matter for the planning authorities concerned, or An Bord Pleanála in the event of an appeal, and I have no role in relation to the matter.
434. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will provide a list, on a regional basis, of the number of design build operate contracts in the water sector that have been transferred from local authorities to Irish Water; the estimated cost of the remaining life of these contracts; the number of contracts and the estimated cost of the remaining life of the contracts that have yet to be transferred on a regional basis; and if he will make a statement on the matter. [16691/15]
Amharc ar fhreagraThe transfer to Irish Water of all contracts relating to Design Build Operate (DBO) schemes were included in two Ministerial Orders, the Water Services (No. 2) Act 2013 (Transfer of Other Liabilities) Order 2014, which was signed on 20 February 2014, and the Water Services (No. 2) Act 2013 (Transfer of Other Liabilities) Order (No. 2) 2014, which was signed on 24 April 2014. A copy of these Orders is available in the Oireachtas Library. The future progression of these contracts is now a matter for Irish Water.
Details in respect of the DBO contracts transferred are listed in the table below.
|
Region |
Estimated costs for the remaining life of the contracts |
Number of contracts |
Number of sites |
Average remaining life on current DBO contracts |
|
South |
€477,165,646 |
50 |
94 |
15 |
|
East |
€661,302,553 |
27 |
60 |
14 |
|
Northwest |
€267,235,423 |
38 |
78 |
15 |
|
Total |
€1,405,703,622 |
115 |
232 |
15 |
435. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government in view of the fact that he expects to provide for the statutory transfer of as many assets as possible from local authorities to Irish Water by way of a series of orders in 2015, if he will outline the category of assets that may not be transferred this year, and whether the Central Statistics Office and EUROSTAT have been advised that this process will not be completed this year; and if he will make a statement on the matter. [16692/15]
Amharc ar fhreagraThe Water Services (No. 2) Act 2013 provides for the transfer, by Ministerial Order, of the property of a water services authority to Irish Water. A number of such Orders have already taken effect this year to transfer all below ground assets, financial assets and almost 240 treatment plants.
Considerable work is involved in preparing supporting material for the transfer of over-ground assets from local authorities to ensure that the Orders reflect the precise nature and boundary of the assets to be transferred. The remaining Orders required will be completed as soon as possible. No decision has been taken that any assets or class of assets will not transfer in the current year.
Since the transfer of responsibilities for water services from local authorities to Irish Water, all water services assets have been under the control of Irish Water. Water Services assets will be removed from the financial statements of local authorities in respect of 2014 and will be included in the financial statements of Irish Water. My Department has informed the Central Statistics Office accordingly.
436. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the planning guidelines in place regarding persons seeking to build over land under which utility companies have laid infrastructure such as cables, piping, access tunnels and so on. [16704/15]
Amharc ar fhreagraStatutory undertakers authorised to provide public utilities (e.g. electricity, gas, water) have powers under the relevant enabling legislation to obtain way-leaves to lay pipes and cables, and to attach such conditions as they see fit, to ensure appropriate access for the provider.
Moreover, as provided for in section 34(13) of the Planning and Development Act 2000, a person is not entitled solely by reason of a planning permission alone to carry out a proposed development as other parallel legal requirements and consents may also be required.
Therefore, even though a person might have planning permission to build over land, it is also their responsibility to ascertain if the lands are affected by any way-leaves or easements and associated burdens on the title of land and to comply with any requirements arising in connection with these way-leaves or easements.
In effect, the question raised is not a planning matter but one more related to property rights, and is accordingly not covered by any of my Department’s statutory Planning Guidelines issued under section 28 of the Planning and Development Act 2000, as amended.
437. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide details, by local authority, of the number of issues logged on the website fixyourstreet.ie in 2014; the number of issues successfully remedied in the same year; and if he will make a statement on the matter. [16724/15]
Amharc ar fhreagraFixyourstreet.ie was designed, developed and implemented by the local government sector, with South Dublin County Council as the lead authority. I have no function in relation to the operation of Fixyourstreet.ie and my Department does not routinely maintain data on the incidents reported to the site.
However, in the Annual Progress Report on the Public Service Reform Plan 2014 - 2016, published by the Minister for Public Expenditure and Reform in March 2015, it is reported that there were almost 11,000 non-emergency issues reported to local authorities via the website, with an average response time of 1.5 days. Further information, if required, may be available directly from South Dublin County Council.
438. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government if he will provide an update on the roll out of the housing assistance payment scheme; and when he expects it to be rolled out by Kildare County Council. [16728/15]
Amharc ar fhreagraThe implementation of the Housing Assistance Payment (HAP) is a key Government priority and a major pillar of the Social Housing Strategy 2020, which I published on 26 November 2014. The HAP scheme will bring all social housing supports provided by the State under the aegis of local authorities. The scheme will remove a barrier to employment by allowing recipients to remain in the scheme if they gain full-time employment. HAP will also improve regulation of the rented accommodation being supported and provide certainty for landlords as regards their rental income.
Further to the enactment of the Housing (Miscellaneous Provisions) Act 2014 on 28 July 2014, the first phase of the HAP statutory pilot commenced with effect from 15 September 2014 in Limerick City and County Council, Waterford City and County Council and Cork County Council. HAP commenced in Louth, Kilkenny, South Dublin and Monaghan County Councils from 1 October. Subsequently, on 18 December, Dublin City Council became part of the statutory HAP pilot, with a specific focus on accommodating homeless households. Dublin City Council is implementing the HAP pilot for homeless households in the Dublin region on behalf of all 4 Dublin local authorities.
There are now over 1,600 households in receipt of HAP across the local authority areas taking part in the statutory pilot scheme.
During the legislation’s passage through the Oireachtas in July 2014 an undertaking was given that a progress report would be prepared for the relevant Oireachtas Committee. I can confirm that data from the pilot sites has been gathered and I submitted a report to the Oireachtas Committee on Environment, Culture and the Gaeltacht last week. Based on the findings of that review, consideration is currently being given to the sequencing of a further cohort of local authorities to commence HAP on an incremental basis this year. While no implementation date has yet been confirmed, my Department is in contact with Kildare County Council in relation to their inclusion in the next phase of the pilot.
439. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding polling clerks; and if he will make a statement on the matter. [16729/15]
Amharc ar fhreagraI refer to the reply to Question No. 791 of 15 April 2015 which sets out the position in this matter.
440. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government if he will immediately authorise the payment of the €750,000 balance of the 2014 local government fund grant in view of Sligo council's significant and ongoing efforts to meet the extremely challenging criteria set down by his Department in respect of the financial plan. [16730/15]
Amharc ar fhreagra441. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government if he will ensure that the criteria being demanded by his Department in respect of Sligo council's financial plans for 2015 and subsequent years will not be so challenging that they would effectively render the council unable to provide sustainable services for the persons of the county. [16731/15]
Amharc ar fhreagraI propose to take Questions Nos. 440 and 441 together.
It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority.
Sligo County Council’s financial position is of serious concern to me. While it is a matter for individual local authorities to manage their own day-to-day finances in a prudent and sustainable manner, my Department is in regular consultation with the Council in relation to its financial position, including in relation to the agreement of a long term financial plan which charts a path to long term financial sustainability, being agreed between my Department and the Council; this process is on-going. I have not been prescriptive in respect of the steps the Council should take but I have asked that the plan be realistic and achievable.
I have set aside an allocation of €1 million in additional funding for 2015 for Sligo County Council to assist it to take the steps necessary to move to a more sustainable financial position. Sligo County Council received an additional €250,000 in 2014 for this purpose but, as the long term financial plan was not finalised last year, I was not in a position to pay the remaining €750,000. The payment of the additional funding in 2015 remains fully conditional on a realistic and achievable financial plan being agreed between my Department and the Council.
442. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding car tax in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [16773/15]
Amharc ar fhreagraCars registered pre-2008 are taxed on the basis of engine capacity. Where there has been a change of engine, l incensing authorities will amend the engine capacity of the vehicle if the number and cubic capacity of the new engine have been certified by a main dealer. Motor tax liability is then adjusted accordingly, where appropriate.
In the case of cars registered since 2008, the basis of taxation is the carbon emissions (CO2) data provided on the Certificate of Conformity for the car and that remains the basis for motor tax over the course of the life of a vehicle. The level of CO2 emitted in grams per kilometre driven is affected not just by engine size but also by factors such as body type and weight, aerodynamics, type of transmission, etc. I understand that determining the level of CO2 emitted by a vehicle is an expensive process and that it is generally only carried out in respect of new vehicles at manufacturing stage.
I have no plans to change the basis of charging motor tax from engine capacity to CO2 emissions for cars registered prior to 2008. The question of applying the CO2 based system to all cars was the subject of detailed discussion at the time of introduction of the new basis of taxation in 2008. Any retrospective application would not have been possible as the CO2 data available for the existing fleet had not been authenticated for this purpose.
443. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the recourse available for homeowners in an area (details supplied) in County Kildare who are concerned regarding the standards of their buildings, which buildings are subject to an ongoing investigation; and if he will make a statement on the matter. [16829/15]
Amharc ar fhreagraI acknowledge the distressing and stressful situations which individuals face when they find that the home in which they have invested may not be completed to the required acceptable standard.
Local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings.
Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are independent in the use of their statutory powers. Nevertheless I have urged, and will continue to urge, local authorities in general to continue to use all of the powers currently available to them to address failures to comply with statutory requirements, particularly in relation to fire safety in residential developments within their functional areas.
I understand that Kildare County Council in its capacity as Fire Authority has previously been engaged with the Owner Management Company and with owners of some individual apartment units in the development concerned to resolve a number of problems that became apparent on and from 2013. I also understand that, following a recent incident affecting a number of units in the development concerned, Kildare County Council has engaged the services of a Fire Safety Consultant to assess compliance with fire safety requirements in a number of housing units. It is not possible at this point to determine what implications this might have for fire safety provision more generally in the development concerned. In the event that further action may be required, however, I would advise all owners concerned to cooperate with the Local Authority in carrying out its statutory role.
In relation to the recourse available for homeowners, the position is that the Building Control Act 1990 places primary responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder/developer who carries out the works. The Building Regulations are outlined in twelve parts (classified as parts A to M) and set down the legally enforceable minimum standards which a new building must achieve; fire safety is addressed under Part B. Enforcement of the Building Regulations is a matter for the 31 local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed.
Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers, in line with any contractual arrangements agreed between the parties. Where disputes cannot be resolved through dialogue or mediation, enforcement of contract terms becomes a civil matter. Professional advice, for instance from the solicitor who advised them in relation to the contract when buying their home or another legal advisor, is recommended for homeowners in this situation.
It may also be the case that the builder/developer was a member of a structural guarantee warranty/scheme and this should be ascertained and pursued if relevant.
444. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the substantial changes that have been made to building regulations and standards that apply to homes built now, as compared to homes built in 2006; and if he will make a statement on the matter. [16830/15]
Amharc ar fhreagraSince 2006, my Department has completed reviews to a total of 10 Parts of the Building Regulations which resulted in the introduction of new regulatory requirements/technical guidance. Notwithstanding amendments to take into account revisions to relevant Irish, British and European standards, the principal changes to the Building Regulations since 2006 are set out below:
- Part A – Structure was amended in 2012 to ensure consistency with the Eurocodes which are a set of harmonised structural design codes for building and civil engineering works which are now generally in force across EU Member States;
- Part D – Materials and Workmanship was revised in 2013 to revise the definition of “proper materials” to have regard to the relevant provisions of Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC;
- Part E – Sound was amended in 2014 to establish new performance standards to improve the overall sound insulation performance of dwellings and introduce a completion testing regime on a proportion of all new dwellings in a development to ensure these new minimum standards are achieved in practice;
- Part F – Ventilation was revised in 2009 to provide for higher standards of ventilation and support the measures introduced under Part L of the Building Regulations in respect of improved thermal performance;
- Part G – Hygiene was amended in 2008 to make dual flush toilets mandatory in new buildings;
- Part H – Drainage and Wastewater Disposal was revised in 2010 in order to call up relevant parts of the Environmental Protection Agency’s Code of Practice: Wastewater Treatment and Disposal Systems serving Single Houses (2009);
- Part J – Heat Producing Appliances was amended in 2014 and set out new legal requirements for the use and installation of heat producing appliances in buildings, including a requirement for carbon monoxide detectors in all new dwellings, and in existing dwellings, where new or replacement open flue or flueless combustion appliances are being installed;
- Part K – Stairways, Ladders, Ramps and Guards was revised in 2014 to provide additional guidance on the prevention of falls from windows in dwellings;
- Part L – Conservation of Fuel and Energy was amended in 2007 and 2011 in respect of dwellings to provide for a 60% aggregate improvement (relative to 2005 standards) in both the energy and carbon performance of new dwellings and marked an important step on the road to nearly zero energy buildings which is required by 31 December 2020. Part L was also revised in 2008 in respect of buildings other than dwellings which introduced the methodology (known as NEAP or the Non-domestic Energy Assessment Procedure) to measure the energy demand and carbon dioxide emissions for new non-domestic buildings;
- Part M – Access and Use was revised in 2010 to require that all new buildings other than dwellings should be designed and constructed so that people with a range of disabilities can safely and independently approach and gain access to such buildings, circulate within them, use the relevant facilities, including sanitary conveniences within them. Further amendments were introduced for new dwellings, which already had to be visitable by people with disabilities since 2001, in respect of approaches and widths of internal doors and certain fittings.
In addition, a comprehensive review to Part B (Fire Safety) of the Building Regulations, which was last reviewed in 2006, is now well advanced and a public consultation is envisaged by mid year. A review to Part C (Site Preparation and Resistance to Moisture) is anticipated to commence before the end of 2015.
Complementary to the Building Regulations, the Building Control (Amendment) Regulations 2014, which came into effect on 1 March 2014, now require greater accountability for demonstrating compliance with the Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. I am satisfied that these measures will ensure a greater emphasis on competence, professionalism and quality in our construction industry into the future thereby ensuring that homeowners and construction clients can rely on getting the high quality homes and buildings they expect and deserve.
445. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if consideration will be given to the use of the post office network for motor tax queries and payments to make further use of our extensive post office network and make such services more accessible to persons in local communities; and if he will make a statement on the matter. [16844/15]
Amharc ar fhreagraUnder existing arrangements, motor tax is payable online, by post or in person via motor tax offices in twenty six local authorities. Changes to, or impacting on, the motor tax system in late 2013, such as the ending of the retrospective system of declaring vehicles off the road, an extension of the facility to pay arrears of motor tax online and revised procedures for the issuing of Certificates of Road Worthiness for commercial vehicles have all facilitated greater uptake of online renewal by vehicle owners. As a result of these changes, online renewals have increased from a level of around 55% to 62% of all motor tax applications nationally, and it would be expected that the level of online take-up would increase further over time.
The operation of the motor tax system is, of course, kept under regular review in my Department. At present, the Office of the Comptroller and Auditor General and the Local Government Audit Service are conducting a joint review of the efficiency of the motor tax system and I will take their findings into consideration in making any future decisions in this area.
446. Deputy Charlie McConalogue asked the Minister for Communications, Energy and Natural Resources if funding is available for a hotel on an island to upgrade its heating system; and if he will make a statement on the matter. [16256/15]
Amharc ar fhreagraThe Better Energy Communities Programme, administered by the Sustainable Energy Authority of Ireland (SEAI) offers grant support for projects that deliver efficiency improvements to a combination of homes, community facilities and businesses in a local community. Partnerships are sought between the public and private sectors, domestic and non-domestic sectors, including commercial and not-for-profit organisations and energy suppliers. Projects are evaluated through a competitive process and although the application period for projects in 2015 has closed, another call for applications will take place in early 2016. The Deputy may wish to direct any specific enquiry regarding eligibility to the SEAI.
A dedicated support programme for small to medium energy users has also been operated by the SEAI since 2008. The programme offers free energy management advice, mentoring, training and other support services to any business willing to show a commitment to becoming more energy efficient. This service delivery includes the provision of an initial energy audit and offers a structured approach to energy management, in a form that can be adapted and tailored to the level of energy costs in the company. The programme has been successful in identifying and assisting in the implementation of energy efficiency retrofits in a large number of commercial buildings.
