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Thursday, 28 May 2015

Written Answers Nos. 163 - 182

School Staff

Ceisteanna (163)

John McGuinness

Ceist:

163. Deputy John McGuinness asked the Minister for Education and Skills if she will examine the case being made by a school (details supplied) in County Carlow to retain its current number of teachers, in view of the increased number of students expected over the next three years; if she will make an early and positive decision regarding the matter, as the local community is deeply concerned; the Government policy on such matters relative to the case being made to support rural communities; and if she will make a statement on the matter. [21207/15]

Amharc ar fhreagra

Freagraí scríofa

The criteria used for the allocation of teachers to schools is published annually on the Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing arrangements for the coming school year 2015/16 are set out in Circular 0005/2015 which is available on the website. An appeals process is also available to schools. Details of the appeals criteria are set out in the published staffing arrangements.

The school referred to by the Deputy submitted an appeal to the March, 2015 meeting of the Primary Staffing Appeals Board. Having considered the application in the context of the published grounds, the Board deemed the application ineligible. The school was notified accordingly. The Primary Staffing Appeals Board operates independently of the Department and its decision is final.

I recognise that small schools are an important part of the social fabric of rural communities and will continue to be so. It is for that reason that I recently announced that a voluntary protocol for amalgamation is being developed for the very smallest schools. The protocol is still under development. Under the protocol, it is envisaged that the Department will write to the patrons of all such schools that are located within an 8km distance of another school of similar patronage and language of instruction. The letter will invite them to reflect on the benefits that amalgamation opportunities might provide in order to create more sustainable school communities into the future. Engagement with the protocol will be entirely voluntary.

The Deputy will also be aware of the improvement in the staffing levels for small schools contained in my Department's Circular 0005/2015, which is available on my Department's website at www.education.gov.ie. These improvements particularly recognise the challenges faced by very small schools that are more than 8km from the next nearest school of the same type.

Student Grant Scheme Administration

Ceisteanna (164)

Billy Kelleher

Ceist:

164. Deputy Billy Kelleher asked the Minister for Education and Skills if there are circumstances by which a student who is in receipt of a grant and who on completing the current course will move onto a follow-on course, where the first year is the equivalent level as the course just finished, can qualify for a grant for that first year on the new course; and if she will make a statement on the matter. [21219/15]

Amharc ar fhreagra

Freagraí scríofa

Under the terms of the student grant scheme, grant assistance is awarded to students who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.

To satisfy the terms and conditions in relation to progression, a student must be moving from year to year within a course, having successfully completed the previous year or be transferring from one course to another, where the award for the subsequent course is of a higher level than the previous course.

The Deputy will appreciate that, in the absence of all of the relevant details that would be contained in an individual's application form and supporting documentation, it is not possible to say whether or not a particular student would qualify for a grant.

The eligibility of an individual is a matter for SUSI (Student Universal Support Ireland) to determine upon receipt of the relevant application form and supporting documentation.

The online application process for 2015/16 is now open.

Special Educational Needs Service Provision

Ceisteanna (165)

Michael Healy-Rae

Ceist:

165. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding home tuition in respect of a child (details supplied) in County Kerry; and if she will make a statement on the matter. [21224/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware home tuition is intended as interim provision only for children with a special educational need for whom a school placement is not available. Eligibility in this regard is determined in consultation with the National Council for Special Education (NCSE).

The NCSE has advised that a placement in an existing autism class is available for the child to whom he refers and therefore she is not eligible for home tuition. Her parents have been advised accordingly.

Fire Service Staff

Ceisteanna (166, 167, 168)

Aengus Ó Snodaigh

Ceist:

166. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the reason retained firefighters are not eligible for a pension when they retire, despite paying tax on the payments they receive for their work. [21085/15]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

167. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the reason retained firefighters have been forced to pay the pension levy, despite not having any work-related pension; and if the pension levy will be abolished for this category of workers forthwith. [21086/15]

Amharc ar fhreagra

Ruth Coppinger

Ceist:

168. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government if he will cease the pension levy being applied to the salaries of retained fire fighters who are not eligible for a public service pension; if he will refund the deductions from their income since the pension levy was introduced; and if he will make a statement on the matter. [21125/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 166 to 168, inclusive, together.

In 2008, retained fire-fighters were given the option of joining the Local Government Superannuation Scheme (LGSS) and receive a pension and retirement lump sum based on their pensionable remuneration and length of service. Retained fire-fighters who opted not to join the scheme receive, on retirement, a gratuity of 1/8th of the annual retainer multiplied by the number of years of actual service (up to a maximum of four times the annual retainer). All retained fire-fighters appointed after 1 January 2013 must join the Single Public Service Pension Scheme.

The Financial Emergency Measures in the Public Interest Act 2009 states that any public servant who is a member of a public service pension scheme, is entitled to a benefit under such a scheme, or receives a payment in lieu of membership of such a scheme, is subject to a deduction from their remuneration. Additional pension benefits do not arise as a result of this deduction.

The payment of the retirement gratuity to retained firefighters who are not members of the LGSS is a payment in lieu of membership of a pension scheme and, as such, all retained fire-fighters, whether members of a public service pension scheme or not, are subject to the deduction outlined in the Financial Emergency Measures in the Public Interest Act 2009. Responsibility for this legislation rests with my colleague, the Minister for Public Expenditure and Reform.

Services for People with Disabilities

Ceisteanna (169)

Finian McGrath

Ceist:

169. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will support measures (details supplied) regarding planning and the Disability Act 2005; and if he will make a statement on the matter. [21064/15]

Amharc ar fhreagra

Freagraí scríofa

The National Housing Strategy for People with a Disability reflects the need for an integrated, flexible and responsive approach and this is being pursued across a number of measures, including building regulations which deal with physical disability. From a planning perspective, Section 94 of the Planning and Development Act 2000, as amended, specifically requires planning authorities as part of the preparation of development plans to prepare a housing strategy which takes account of the existing need and likely future need for housing, with an appropriate mix of types and sizes to reasonably match the requirements of different categories of households. The special requirements of elderly persons and people with a disability are specifically highlighted in this regard.

Individual planning decisions are taken in this context, balancing the various perspectives and factors involved, including the amenity of adjoining properties. Whether or not a proposed development is acceptable is an assessment which needs to be independent of individual circumstances, and which takes account of the level of residential amenity that it would be reasonable to protect in respect of adjacent properties, inclusive of the range of usual circumstances that those amenities support.

I am satisfied that existing policy and practice in relation to consideration of residential amenities is sufficient and that to consider medical circumstances could have unforeseen and disproportionate impacts in relation to balanced decision making on planning applications.

Planning Issues

Ceisteanna (170, 176)

Derek Nolan

Ceist:

170. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if he will provide an update on the review of the wind farm guidelines that his Department is undertaking; and if he will make a statement on the matter. [21066/15]

Amharc ar fhreagra

Helen McEntee

Ceist:

176. Deputy Helen McEntee asked the Minister for the Environment, Community and Local Government if the proposed revisions to the 2006 wind energy development guidelines will have to be taken into account by An Bord Pleanála in its decision making on wind farm projects that are already within the planning system when the revisions to the guidelines are published; and if he will make a statement on the matter. [21229/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 170 and 176 together.

In December 2013, my Department published proposed “draft” revisions to the noise, setbacks and shadow flicker aspects of the 2006 Wind Energy Development Guidelines. These draft revisions proposed:

- The setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments,

- A mandatory minimum setback of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and

- The complete elimination of shadow flicker between wind turbines and neighbouring dwellings.

A public consultation process was initiated on these proposed draft revisions to the Guidelines, which ran until February 21 2014. My Department received submissions from 7,500 organisations and members of the public during this public consultation process. It is intended that the revisions to the 2006 Wind Energy Development Guidelines will be finalised as soon as possible. In this regard, account has to be taken of the extensive response to the public consultation in framing the final guidelines. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the Wind Guidelines.

The revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions under the Planning Acts.

In the interim, the 2006 Guidelines will continue to apply to existing planning applications, including those currently with An Bord Pleanala.

Election Management System

Ceisteanna (171)

Michael Healy-Rae

Ceist:

171. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding voting in referendums; and if he will make a statement on the matter. [21078/15]

Amharc ar fhreagra

Freagraí scríofa

Only voters included in the register of electors as presidential electors may vote in referendums. A person is entitled to be registered as a presidential elector in a constituency if they have reached the age of 18 years and were a citizen of Ireland and ordinarily resident in that constituency on the qualifying date for the register.

Housing Assistance Payments Implementation

Ceisteanna (172)

Joan Collins

Ceist:

172. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he will confirm that the housing assistance payment scheme is now being operated by Dublin City Council; if the scheme is open to all housing applicants in Dublin city; and if he will provide a copy of the statutory regulation provided to Dublin City Council regarding the implementation of scheme. [21134/15]

Amharc ar fhreagra

Freagraí scríofa

The implementation of the Housing Assistance Payment (HAP) is a key Government priority and a major pillar of the Social Housing Strategy 2020. 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.

Following 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.

While HAP is not currently available for all classes of qualified household in the Dublin City Council area, on 18 December 2014, 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. South Dublin County Council is the only Dublin Local Authority that currently operates HAP in respect of all other classes of qualified household in its area.

The Dublin Homeless HAP Pilot is provided for through the following two statutory instruments which are available on www.irishstatutebook.ie at the links provided:

- Housing Assistance Payment (Section 50) (No. 3) Regulations 2014 (S.I. No. 575 of 2014) http://www.irishstatutebook.ie/2014/en/si/0575.html and

- Housing Assistance Payment (Amendment) (No. 2) Regulations 2014 (S.I. No. 576 of 2014) http://www.irishstatutebook.ie/2014/en/si/0576.html.

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. Data from the pilot sites has been gathered and I submitted a report to the Oireachtas Committee on Environment, Culture and the Gaeltacht last month. Based on the findings of that review, HAP commenced in Donegal County Council on 25 May 2015 and consideration is currently being given to the sequencing of a further cohort of local authorities to commence HAP on an incremental basis this year. There are now over 2,000 households in receipt of HAP across the local authority areas taking part in the statutory pilot scheme and these additional local authorities will assist in achieving the 2015 HAP delivery target as set out in the Strategy.

Local Authority Housing Eligibility

Ceisteanna (173)

Shane Ross

Ceist:

173. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government if there is a national policy instructing council housing authorities to take redress compensation payments into account as income in assessing means for social housing applicants; if it is at the discretion of local council authorities; and if he will make a statement on the matter. [21161/15]

Amharc ar fhreagra

Freagraí scríofa

The Household Means Policy issued in March 2011 under Regulation 17 of the Social Housing Assessment Regulations 2011 defines income for the purposes of determining an applicant’s compliance with the income eligibility criterion for social housing support and applies in all housing authorities. Under this criterion, the net income of an applicant household, as assessed in accordance with the Policy, cannot exceed the limits prescribed under the Social Housing Assessment Regulations 2011. Net income for social housing assessment is defined as gross household income less income tax, PRSI, pension-related deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009 and the universal social charge.

The Policy lists the sources of income that are assessable and non-assessable for determining a household’s compliance with the income eligibility criterion. While compensation payments are not specifically provided for under the Policy, housing authorities have discretion to decide to disregard income that is once-off, temporary or short-term in nature and which is outside the regular pattern of a person’s annual income.

My Department is currently reviewing the prescribed income limits and the Household Means Policy in the context of the review of social housing assessment procedures currently being undertaken as part of the broader social housing reform agenda outlined in the Social Housing Strategy 2020. This review will include an examination of the sources of income to be taken into consideration for assessment purposes, including payments received as compensation awards.

Housing Estates

Ceisteanna (174)

Bernard Durkan

Ceist:

174. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government arising from replies to previous parliamentary questions and indications provided therein, the extent to which progress has taken place in negotiations between the various stakeholders at Waterways, Sallins, County Kildare, including the National Asset Management Agency, KPMG and Kildare County Council, with the objective of completing the development in accordance with planning permission; and if he will make a statement on the matter. [21198/15]

Amharc ar fhreagra

Freagraí scríofa

The finalisation of any outstanding planning related matters affecting the development concerned are a matter for Kildare County Council and I have no function in such matters.

Private Residential Tenancies Board

Ceisteanna (175)

Seán Kyne

Ceist:

175. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government his views on the length of time it is taking for the Private Residential Tenancies Board to issue determination orders; if he is aware that in some cases it takes nine months to issue such orders, which is a factor in the reduced numbers of properties available to rent in the private rental sector; and if he will make a statement on the matter. [21202/15]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants in this sector.

As the PRTB replaces the Courts for the vast majority of landlord and tenant disputes, there are statutory time periods laid down in the Residential Tenancies Act to provide for due process.

The PRTB received 3,374 applications for Dispute Resolution in 2014; this is a 104% increase since 2008 when 1,650 cases were received. Some 80% of cases are processed or closed within 5 to 6 months. Only 7% of what are the most difficult cases are taking 9 to 10 months to process. There are a number of factors that may delay the processing of a case including where adjournment requests are made or where there are difficulties locating a party to the dispute.

Late 2013 also saw the introduction of a pilot telephone mediation service as an alternative means to address disputes. Processing times for mediation cases are typically 10 to 12 weeks.

Question No. 176 answered with Question No. 170.

Better Energy Homes Scheme

Ceisteanna (177)

Brendan Griffin

Ceist:

177. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources if he will introduce a boiler upgrade scheme for pensioners, without the additional heating upgrading requirements; and if he will make a statement on the matter. [21157/15]

Amharc ar fhreagra

Freagraí scríofa

The Sustainable Energy Authority of Ireland (SEAI) administers the Better Energy Programme on behalf of my Department.

I am advised by SEAI that the provision of appropriate heating controls is an integral part of any heating system upgrade and that such controls are essential to realising the energy efficiency features of efficient boilers. Accordingly, the supports available under the Better Energy Programme for boiler upgrades require that the fitting of heating controls be undertaken as part of the work to install more efficient boilers. SEAI also advocates that contractors only use heating controls which are appropriate to the end user and that users are provided with good instruction on their proper usage. I have no plans to suggest changes to these arrangements which I consider to be appropriate and best practice.

Alternative Energy Projects

Ceisteanna (178)

Bernard Durkan

Ceist:

178. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which adequate alternative energy sources continue to be provided to facilitate compliance with international and national renewable energy targets in respect of the coal, gas, oil, hydro and biomass that currently contribute to the generation of energy for the national grid; if this has fluctuated in the past five years; if targets are deemed to be realistic; and if he will make a statement on the matter. [21180/15]

Amharc ar fhreagra

Freagraí scríofa

The 2009 EU Renewable Energy Directive set Ireland a legally binding target of meeting 16% of our energy requirements from renewable sources by 2020, to be achieved through 40% renewables in electricity, 12% in heat and 10% in transport. Provisional figures provided by the Sustainable Energy Authority of Ireland (SEAI) indicate that at the end of 2014 some 6.6% of heat demand was met by renewable sources, while at the end of 2013 some 2.8% of transport demand was met by renewable sources. The SEAI figures also indicate that the total contribution from renewable generation to gross electricity consumption last year was 22.6% with some 69.6% (both provisional figures) of electricity generated from fossil fuels.

The table, provided by the SEAI, provides data for the past 5 years (including provisional figures for 2014) on the contributions of coal, gas, oil, hydro and biomass to gross electricity consumption.

Share of Electricity Generated by Fuel

2010

2011

2012

2013

2014P

Coal

14.3%

16.8%

19.8%

17.2%

14.3%

Oil

2.1%

0.9%

0.8%

0.7%

0.7%

of which - Gas Oil

0.4%

0.1%

0.1%

0.1%

0.1%

of which -Fuel Oil

1.5%

0.6%

0.6%

0.5%

0.5%

of which -Refinery Gas

0.2%

0.1%

0.1%

0.1%

0.1%

of which -LPG

0.0%

0.0%

0.0%

0.0%

0.0%

Natural Gas

61.3%

53.2%

49.4%

45.4%

45.8%

Renewables

12.9%

19.4%

18.9%

20.1%

22.6%

of which - Hydro

2.1%

2.5%

2.9%

2.1%

2.5%

of which - Wind

9.7%

15.7%

14.4%

16.3%

18.3%

of which - Biomass, Renewable Waste & Biogas

1.1%

1.2%

1.6%

1.7%

1.8%

Source: SEAI.

Energy Resources

Ceisteanna (179)

Bernard Durkan

Ceist:

179. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if hydro-electricity generation has been displaced by wind or other forms of renewable energy; and if he will make a statement on the matter. [21181/15]

Amharc ar fhreagra

Freagraí scríofa

The generation of electricity from renewable sources is an important element of Ireland’s transition to a lower carbon energy system. Hydro electricity makes a significant contribution to our renewable electricity. In April 2015 there was 2,576MW of renewable electricity connected to the Irish Grid, 238MW of which was from hydro. Onshore wind contributed 2256MW, and biomass contributed 82 MW.

Additionally, there is approximately 3760MW of renewable electricity generation with signed grid connection offers. This is predominantly wind generation.

It is also important to note that rules are in place to deal with “priority dispatch”, i.e., when electricity generators produce more electricity than the grid can handle at a particular time. Those rules are implemented in the All Island Electricity Market by the Single Electricity Market Committee. While this is a matter in which I have no function, I would highlight that EU Regulation 2009/28/EU requires Member States to give priority dispatch to renewable generation on the electricity grid, including to hydro-electric generators, unless the generator concerned has elected to forego priority dispatch and to trade in the market. It is the case that hydro-electric generators who have elected to avail of priority dispatch may have their output reduced under certain circumstances. In such instances, these hydro generators are compensated in the Single Electricity Market.

Departmental Agencies Staff Recruitment

Ceisteanna (180)

Finian McGrath

Ceist:

180. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport his views on correspondence (details supplied) regarding the use of employment agencies by Government funded organisations; and if he will make a statement on the matter. [21062/15]

Amharc ar fhreagra

Freagraí scríofa

In relation to the vacancies concerned, sanction was received from the Department of Public Expenditure and Reform to fill these posts and the jobs are being advertised on the publicjobs.ie website.

 In relation to the recruitment process, this is an operational matter for Fáilte Ireland and I have referred the question to Failte Ireland for reply and further information.

  However, I am informed that the recruitment agency concerned is not engaged in active recruitment nor is it being paid a recruitment fee to carry out such a service.  It is providing support to Fáilte Ireland in relation to the collation of applications and supporting documentation as well as other logistical support.

Irish Airlines Superannuation Scheme

Ceisteanna (181)

Finian McGrath

Ceist:

181. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport his views on correspondence (details supplied) regarding Irish Airlines (General Employees) Superannuation Scheme pensions; and if he will make a statement on the matter. [21063/15]

Amharc ar fhreagra

Freagraí scríofa

Pension schemes are closely regulated under Irish and European law and the Pensions Authority is the national statutory regulatory authority in Ireland. Responsibility for the management of the IASS pension fund rests with the Trustees of the Scheme and I have no function in this regard.

Departmental Schemes

Ceisteanna (182)

Martin Heydon

Ceist:

182. Deputy Martin Heydon asked the Minister for Arts, Heritage and the Gaeltacht the funding or grant schemes that are available through her Department for renovations required to a cottage, which was originally constructed circa 1912; and if she will make a statement on the matter. [21222/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy can appreciate, the scope for funding the conservation of heritage buildings is currently constrained by the significant reduction in the public finances. Funding for the protection of built heritage will continue to be provided by my Department in 2015 via a number of schemes, which will be either directly administered or delivered through local authorities and agencies.

Recently I announced the awarding of €624,000 in funding under the Structures at Risk Fund 2015, to enable conservation works to twenty-eight heritage structures throughout the country, in both private and public ownership, deemed to be at significant risk of deterioration and which are protected under the Planning and Development Act 2000, as amended. This Fund, which is being administered through the local authorities, encourages the regeneration and reuse of heritage properties and helps to secure the preservation of protected structures, which might otherwise be lost. The Fund was open to two applications per local authority, of which one application may be in respect of a privately-owned building. The amount of funding available per project was subject to a minimum level of €15,000 and a maximum level of €60,000. Since 2011, approximately 130 structures have been safeguarded for the future as a result of the Structures at Risk Fund.

The remainder of my Department’s built heritage capital budget for 2015 will be focused on the conservation and presentation of the State's heritage portfolio, which is managed by the Office of Public Works.

The Heritage Council, which my Department funds, also provides grants for the protection and preservation of the built heritage. The Council recently announced funding for 197 heritage projects in its 2015 Community-based Heritage Grants Scheme totalling €547,000. The scheme, which supports the continuing conservation and development of Irish heritage through local community based groups, is expected to generate total investment of more than €1 million. The Heritage Council can be contacted at www.heritagecouncil.ie.

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