Written Answers Nos. 1053-1072
1053. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government if a derogation will be granted to qualify for the mortgage-to-rent scheme in respect of a person (details supplied) in County Wicklow. [21683/15]
Amharc ar fhreagraTo 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. These criteria are the minimum practical criteria required to operate the scheme and to target those households most in need.
The Government has recently announced changes to the mortgage to rent scheme as part of a broader package of measures to deal with mortgage arrears. The changes being made will make the scheme more flexible and accessible and are designed to enable more properties to qualify for the scheme. The case that the Deputy has referred to may benefit from these measures which are due to be in place by end June. In that context the householder should continue to engage with their lender.
1054. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application to Mayo North East LEADER Partnership (details supplied) in County Mayo. [21749/15]
Amharc ar fhreagraA total of €92,250 has been paid to the project referred to in the Question, under the LEADER element of the Rural Development Programme 2007-2013. A further €4,458 remains to be drawn down by the project.
1055. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application to Mayo North East LEADER Partnership by a housing association (details supplied) in County Mayo; and if he will make a statement on the matter. [21750/15]
Amharc ar fhreagraMayo North East LEADER Partnership is the Local Action Group contracted by my Department to deliver the LEADER element of the Rural Development Programme 2007-2013 in north east Mayo. I am advised by Mayo North East LEADER Partnership that an application for funding on behalf of the organisation referred to by the Deputy in the Question was not approved by its Board due to eligibility issues. In line with the ‘bottom-up’ approach to rural development, it is the Local Action Group that makes the final decisions in relation to the approval of funding.
The 2007-2013 Programme is closed to new applications but I expect that the 2014-2020 Rural Development Programme will be operational in late 2015 and the organisation may wish to make a new application under this Programme.
1056. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application to Mayo north east Leader partnership in respect of a town hall (details supplied) in County Mayo. [21751/15]
Amharc ar fhreagraThe project referred to in the Question has been fully completed and all funds have been drawn down.
1057. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application (details supplied) in County Mayo to Mayo north east Leader partnership; and if he will make a statement on the matter. [21752/15]
Amharc ar fhreagraThe project referred to in the Question has been fully completed and all funds have been drawn down.
1058. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application to Mayo north east Leader by an organisation (details supplied) in County Mayo. [21753/15]
Amharc ar fhreagraMayo North East LEADER Partnership is the Local Action Group contracted by my Department to deliver the LEADER element of the Rural Development Programme 2007-2013 in north east Mayo. I am advised by Mayo North East LEADER Partnership that an application for funding on behalf of the organisation referred to in the Question was not approved by its Board due to eligibility issues. In line with the ‘bottom-up’ approach to rural development, it is the Local Action Group that makes the final decisions in relation to the approval of funding.
The 2007-2013 Programme is closed to new applications but I expect that the 2014-2020 Rural Development Programme will be operational in late 2015 and the organisation may wish to make a new application under this Programme.
1059. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he plans to review the operation and functioning of the Private Residential Tenancies Board; and if he will make a statement on the matter. [21766/15]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The 2004 Act represented the most significant legislative reform in the private rented sector in over a century. Prior to this there was little or no security of tenure for tenants and in most tenancies the landlord had a virtual right to terminate the tenancy subject to only 28 days’ notice. Under the 2004 Act, a landlord may not serve a notice of termination except in very clearly defined circumstances, such as a failure by the tenant to comply with his or her obligations in relation to the tenancy.
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, 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.
A telephone mediation service was introduced in late 2013 as an alternative means to address disputes. Processing times for mediation cases are typically 10 to 12 weeks.
Under the Act, enforcement of PRTB determination orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. While there is no legal obligation on the PRTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. In 2013 alone it referred 394 cases to its legal advisors for enforcement proceedings. It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.
I am confident that the Board will continue to discharge its statutory obligations in an independent, fair and efficient manner. My Department continues to keep the resources available to the PRTB under close review and engages regularly with the Board on this and other matters.
1060. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if attempts have been made to change the law, whereby the perpetrator of domestic violence is evicted from the local authority home, as is the legal case in Austria, thus facilitating the victim in remaining within the family home. [21821/15]
Amharc ar fhreagraThe provisions of the Domestic Violence Act 1996, as amended, relating to safety, barring and protection orders etc., apply to local authority dwellings, as well as to private sector dwellings. Where a local authority tenant who has engaged in domestic violence subsequently ceases, for whatever reason, to reside in the family home, the authority may let the dwelling to one of the other residents, thus enabling the remaining household members to continue living there. However, there are no proposals to amend housing legislation to provide that domestic violence is a ground for repossession of a local authority dwelling or exclusion of a perpetrator of domestic violence from such a dwelling.
Where a person who has left the family home due to domestic violence presents to a housing authority as homeless, the authority may arrange for him or her to be placed in temporary emergency accommodation without having to be placed on the housing waiting list. In the longer-term, provided the other eligibility criteria for social housing support are met, the housing authority may enter the person and other family members on the housing list on the basis that their current accommodation is unsuitable, having regard to particular household circumstances or on exceptional medical or compassionate grounds.
1061. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government when the contract for fuel cards of staff of a local authority was awarded to a company (details supplied); and the way that process took place. [21824/15]
Amharc ar fhreagraMy Department does not have the information requested. The procurement of products or services by a local authority is a matter for the authority concerned. Procurement legislation and associated guidance are a matter for my colleague, the Minister for Public Expenditure and Reform. Guidelines by the Office of Government Procurement under the aegis of the Department of Public Expenditure and Reform apply to all public sector bodies, including local authorities.
Under the EU Directives on public procurement, public works, supplies and service contracts above certain thresholds must be advertised in the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For contracts below these thresholds, the general requirement is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers.
Local authorities have been pro-active in achieving spend reduction and procurement efficiencies in the procurement area through the establishment of the Local Authority National Procurement Office at Kerry County Council. The local government sector is also working closely with the Office of Government Procurement to implement the government’s Procurement Reform Programme.
1062. Deputy Pat Breen asked the Minister for the Environment, Community and Local Government the reason funding towards the development of a sewage treatment plant in Carrigaholt in County Clare, as a pilot project, was not included in the 2015 rural water programme allocations; the specific criteria for the inclusion of pilot projects in the programme; and if he will make a statement on the matter. [21958/15]
Amharc ar fhreagraResponsibility for the administration of the Rural Water Programme, which includes group sewerage schemes, has been devolved to local authorities since 1997. Pilot schemes were a feature of the 2013 and 2014 Rural Water Programmes in light of the increased grant level for group sewerage schemes which were announced in late 2012. However, it was decided that, with effect from 1 January 2015, responsibility for the selection and approval of individual scheme proposals for advancement and funding under the increased grant, subject to the overall priorities set by my Department and to the block grant allocations provided, would revert, as had previously been the case, back to the local authorities. Therefore, no pilot group sewerage schemes were selected by my Department for funding in 2015.
In 2014, my Department approved a grant to Clare County Council for a Feasibility Study on the proposed Carrigaholt Group Sewerage Scheme. That study has now been completed and I understand that it would not be financially viable to design and construct the scheme as proposed and within the general terms and conditions of Group Sewerage Grant Scheme. The Council has been advised to liaise with Irish Water, who is statutorily responsible for all aspects of public water services planning, delivery and operation at national, regional and local levels, on identifying and putting in place appropriate solutions to meeting the needs of the people of Carrigaholt.
My Department will be engaging separately with Irish Water on broader issues around rural water and sewerage programmes with a view to ensuring that there is appropriate integration of the Department's Rural Water Programme and Irish Water's Capital Investment Programme so as to fully support rural development and address any environmental issues that may arise. Such discussions will involve the National Federation of Group Water Schemes and local authority management.
1063. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government if his Department has received legal advice that An Bord Pleanála should delay any oral hearing into the Emlagh wind farm development until the High Court has made a decision with regard to the strategic infrastructure development status of the development; and if he will make a statement on the matter. [21977/15]
Amharc ar fhreagraMy Department has not sought legal advice in relation to this case. Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular planning case with which a planning authority or An Bord Pleanála is or may be concerned. Accordingly I have no function in relation to this matter.
1064. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government if a local authority is required to inspect a septic tank where the individual householder reports that the septic tank is malfunctioning and likely to cause a risk to the environment and-or human health; and if he will make a statement on the matter. [21978/15]
Amharc ar fhreagra1070. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government his plans to extend the septic tank grant scheme for remediation works, repair works, upgrading works or replacement in respect of a domestic wastewater treatment system where the need for such remediation, repair, upgrading or replacement has been identified by a householder; and if he will make a statement on the matter. [22055/15]
Amharc ar fhreagraI propose to take Questions Nos. 1064 and 1070 together.
Local authorities carry out inspections of septic tanks and similar systems for a variety of reasons, including water quality issues at drinking water sources or within designated shellfish or bathing water catchments and arising from reports of pollution from members of the public. Separately, inspections are carried out based on the Environmental Protection Agency’s (EPA) National Inspection Plan 2013: Domestic Waste Water Treatment Systems which uses a risk-based methodology for the selection of systems for inspection taking into account factors such as densities of individual treatment systems across the numerous hydrological and geological settings in Ireland and the locations of sensitive groundwater or surface water receptors. Selection of treatment systems for inspection under the EPA’s plan is carried out by the local authorities using an IT system (which utilises WebGIS information) developed by the EPA. Householders cannot request inspections of their own treatment systems, nor are inspections under the plan carried out based on third party complaints.
Local authorities have all appropriate powers of inspection, investigation and enforcement under the Water Services Act 2007 and under the Local Government (Water Pollution) Acts 1977 and 1990 to protect water quality, public health and the environment from risks posed by failing on-site waste water treatment systems. It is a matter for each local authority to determine the most appropriate course of action when dealing with pollution incidents and related risks to public health and the environment.
Section 70 of the Water Services Act 2007 places a duty of care on the owner of a premises to ensure that their waste water treatment systems are kept so as not to cause, or be likely to cause, a risk to human health or the environment, including waters, the atmosphere, land, soil, plants or animals, or create a nuisance through odours. The duty of care provisions have been augmented by the Water Services (Amendment) Act 2012 and associated regulations. Any person whose treatment system fails an inspection or, in the absence of an inspection, considers that their treatment system constitutes, or may constitute, a risk to human health or the environment is responsible for having any necessary remediation works carried out without delay.
The Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013, a copy of which is available in the Oireachtas library, brought into operation a grants scheme to assist with the cost of remediation of septic tanks and domestic waste water treatment systems which are deemed, following inspection under the EPA’s National Inspection Plan and the subsequent issue of an Advisory Notice by the local authority, to require repair or upgrading. The qualification criteria are set out in the legislation and full details of the scheme, including eligibility criteria, are set out in the explanatory leaflet and application form published on my Department’s website at:
http://www.environ.ie/en/Publications/Environment/Water/FileDownLoad,33607,en.pdf
I have no plans to extend or vary the qualifying criteria of the grant scheme. However, householders who do not meet the eligibility criteria included in the Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013 but wish to remediate or upgrade their on-site treatment systems may qualify for relief under the Home Renovation Incentive (HRI) Scheme introduced under Section 5 of the Finance (No. 2) Act 2013. The HRI scheme covers main residence repairs, renovations and improvements, including the repair or replacement of septic tanks. The scheme is administered by the Revenue Commissioners and full details are published on Revenue’s website at: http://www.revenue.ie/en/tax/it/reliefs/hri/hri-general-faqs.html .
1067. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the loan restructuring options available under the local authority mortgage arrears resolution process; his plans to extend this range of options to include, for example, split mortgages or mortgage write-downs; and if he will make a statement on the matter. [22036/15]
Amharc ar fhreagraThe Central Bank’s code of Conduct on Mortgage Arrears requires all mortgage lenders to ensure that it has in place a Mortgage Arrears Resolution Process (MARP) as a framework for handling such cases. My Department introduced such guidelines to local authorities in 2012 and, subsequently, issued revised guidelines in June 2014. These guidelines - Dealing with Mortgage Arrears – A Guide for Local Authorities are available on my Department’s website at the following link: http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,30943,en.pdf.
A range of alternative repayment arrangements are available to local authority borrowers in arrears under the MARP. These include:
- interest only repayments on the mortgage for a period of time;
- paying interest and part of the capital for a period of time;
- deferring, in exceptional circumstances, payment for a period of time;
- extending the term of the mortgage to maximum of 35 years and maximum borrower age of 70;
- changing the type of the mortgage, in certain circumstances;
- adding arrear s and interest to the principal amount due; and
- Local Authority Mortgage to Rent (MTR) scheme.
There are no plans at this time to extend the list of options available to local authority borrowers. However, the operation of MARP within local authorities is kept under constant review.
1068. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if consideration will be given to the banning of hard flooring such as tiles and laminate floor covering in apartments due to the transfer of noise and sound between apartment dwellings. [22045/15]
Amharc ar fhreagraThe Building Regulations 1997 set out the legal requirements for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings and are divided in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each of the parts and provide guidance indicating how the requirements of that part can be achieved in practice. Where works are carried out in accordance with the relevant technical guidance such works are considered to be, prima facie, in compliance with the relevant regulation(s). Compliance with the Regulations is the responsibility of the owner or builder of a building or works. Part E (Sound) of the Building Regulations 1997 sets out the legal requirements in relation to sound insulation in attached dwellings and apartment blocks and sets out requirements for certain constructions to offer “reasonable resistance” to both airborne and impact sound. In this regard, section 3 of the existing Technical Guidance Document E provides guidance on typical floor constructions which, if constructed correctly, should achieve the requirements to have “reasonable resistance” to both airborne and impact sound.
A comprehensive review of Part E of the Building Regulations 1997 was completed in December 2014. The recent Building Regulations (Part E Amendment) Regulations 2014 and the associated Technical Guidance Document E – Sound (2014), which come into effect on 1 July 2015, establish enhanced performance standards for attached dwellings, in particular airborne sound insulation of separating walls and both airborne and impact sound insulation of separating floors. The new measures also provide for mandatory sound testing on a proportion of new attached dwellings.
While these changes will lead to an improvement in the quality of sound insulation in housing and contribute to greater compliance with the requirements of Part E, in general, the requirements of the Building Regulations do not apply to the furnishing and internal décor of dwellings. Any new floor covering fitted in an existing dwelling should be installed in accordance with the manufacturer’s instructions and due care should be taken not to adversely affect the isolation of the floor covering from the separating floor structure. The installation of hard flooring in apartment dwellings post-occupation may best be managed by the house rules adopted by the management company of the apartment complex in accordance with the relevant provisions of the Multi-Unit Developments Act 2011.
1069. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government the reason the interest rate charged by the Housing Finance Agency for local authority loans has remained at 2.75% since 2012 while in the same period the Euribor rate, on which the Housing Finance Agency is supposed to determine the interest rate it charges, has fallen dramatically, being less than 0.6% for the past year, and while the tracker mortgage rate charged by commercial lenders is currently 1.5% or less; and if he will make a statement on the matter. [22052/15]
Amharc ar fhreagraRates charged to local authority borrowers offer exceptional value by comparison to rates charged by commercial lenders. The current rate of 2.75% is approximately 1.5% lower than standard variable mortgage rate (saving borrowers €1,500 per annum on a €100,000 loan) and is the lowest rate available currently in the domestic mortgage market. The Housing Finance Agency (HFA) provides loan finance to local authorities and voluntary housing bodies for housing and related purposes. The interest rates the Agency must pay are not predicated on base rates afforded by the European Central Bank (ECB) as its funding is sourced through a variety of market sources, including the European Investment Bank. Independently of the ECB rate cuts, the Agency has reduced the rate it charges to local authorities by 0.8% since September 2012.
1071. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government if he will review and broaden the documents of proof which can be accepted by local authorities as proof of ownership of a vehicle for motor tax purposes, relative to vintage vehicles such as tractors, so that the owners can maintain the original number plate and logbook of the vehicle and thereby protect the history of the vehicle; and if he will make a statement on the matter. [22159/15]
Amharc ar fhreagraPrior to the setting up of the central vehicle register in 1993, vehicle registration numbers were issued at local authority level. Under current procedures, where a vehicle registered prior to that date is not recorded on the National Vehicle and Driver File (NVDF), a record can be created if the owner presents the original logbook or where details of the vehicle can be located either by the local motor tax office or in the archived files of the Driver and Vehicle Computer Services Division of the Department of Transport, Tourism and Sport, which maintains the NVDF. The logbook is the official document for the vehicle and requiring it to be produced as proof of ownership reduces the potential for vehicles to be fraudulently registered to avail of the concessionary rate of motor tax applicable to vintage vehicles.
Vehicles are referred to the Office of the Revenue Commissioners in circumstances where the logbook is not available and where a record for the vehicle cannot be located. I am satisfied that the current process appropriately balances customer requirements with the need to safeguard the integrity of the National Vehicle and Driver File.
1072. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government his views on any proposal to reduce commercial rates obligations on wind farm operators, as well as his views on the necessity to seek European Union state aid approval for any such plan, in view of the fact that the renewable energy feed-in tariff programme required state aid clearance; if any application has been made to seek approval for state aid to wind farm concerns in the form of preferential commercial rates; and if he will make a statement on the matter. [22166/15]
Amharc ar fhreagraLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The Commissioner for Valuation has sole responsibility for all valuation matters and the Valuation Act 2001 comes under the aegis of my colleague, the Minister for Public Expenditure and Reform. The Commissioner of Valuation is conducting a programme of revaluation of all commercial and industrial properties throughout the State on a county by county basis. The national revaluation programme is the first general valuation since the middle of the 19th century and it is a significant undertaking. The essential purpose of a revaluation is to redistribute the burden of rates more equitably in line with relative changes in valuations across different classes of properties or individual properties within particular classes or uses. Revaluation results in more consistent and up-to-date valuations for rating purposes and provides a more equitable distribution of valuations across those liable to pay rates. This may inevitably result in an increase in the valuation of some commercial properties and a decrease in the valuation of others.
The levying and collection of rates are matters for each individual local authority. The annual rate on valuation (ARV), which is applied to the valuation for each property determined by the Valuation Office to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function. As provided for in rating legislation, one ARV is set for each rating authority; there is no provision to allow separate ARVs for different business sectors.
The Local Government (Rates) Act 1970 provides for the operation of rates waiver schemes. Under the provisions, a rating authority may make and carry out a scheme providing for a waiver of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The formulation of such a scheme is a matter reserved for the members of the relevant local authority and is subject to my consent as Minister for the Environment, Community and Local Government. I am not currently in receipt of a request under this provision.
I would consider carefully any application received for a rate waiver scheme. In considering any such application, it has to be borne in mind that a waiver of rates for one class of ratepayer could unfairly impact on other businesses in the area by giving a competitive advantage to a certain group through a reduction in costs. As such, it would be necessary to consider State Aid rules in relation to the provision of any such relief. In addition, the introduction of a waiver scheme could further increase costs on the part of businesses that are not part of the scheme, as it is likely that they would be required to make up the cost of the waiver scheme through the payment of additional rates. This could impose an additional burden on such ratepayers.
