Written Answers Nos. 1095-1108
1095. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government the by-laws in place to penalise people engaging in graffiti; the funding available for removal and prevention; his views on whether enough is being done to tackle what many have said is a huge rise in graffiti in recent years in the Dublin central area. [22380/15]
Amharc ar fhreagraUnder the Litter Pollution Acts 1997 to 2009, the primary responsibility for management and enforcement responses to litter pollution, including the defacement of structures by writing or other marks, lies with local authorities. The Acts provide significant powers to local authorities to deal with the defacement of structures by writing or other marks.
The role of my Department is to provide the legislative framework within which local authorities can perform this task. It is a matter for each local authority to decide on the most appropriate public awareness, enforcement and clean-up actions to deal with graffiti, taking account of local circumstances and priorities.
My Department has provided funding for the Anti-Litter & Anti-Graffiti Awareness Grant Scheme, whereby local authorities are invited to submit proposed eligible projects to combat graffiti in their functional areas. It is open to local community groups to approach the local authority for assistance with funding for anti-graffiti projects.
The Department of Justice and Equality also has a role in the control of graffiti through the Criminal Damage Act 1991, which provides for the offences of damaging or defacing property.
1096. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will provide details of the new Part V regime for developers, including the percentage of homes they build that must be given over to local authorities; any stipulation on size of homes; if they can be apartments or houses; if developers can deliver all homes in one development even if they have a number of separate developments; and if developers can pay money in lieu of houses. [22385/15]
Amharc ar fhreagraInformed by a recent review of the provisions of Part V of the Planning and Development Acts, which included a public consultation process, proposed legislative changes have been set out in the Urban Regeneration and Housing Bill 2015 which was published on 5 June 2015 and is available on my Department's website at: http://www.environ.ie/en/PublicationsDocuments/FileDownLoad,41662,en.pdf.
The Bill provides that, in future, the focus of Part V will be on the delivery of completed housing units, with a requirement for up to 10% social and affordable housing in developments of 10 or more units.
Due to the urgent need for social housing provision, it is essential that Government places the current focus of Part V agreements entirely on social housing output. In order to provide for the acute social housing need, and to maximise the contribution that Part V can make, it is my intention to issue a statutory Ministerial Policy Directive under section 29 of the Planning and Development Acts following enactment of the Bill, under which the primary focus of Part V will be on social housing delivery.
Sections 33 and 34 of the Bill will amend the options, contained in section 96 of the Planning and Development Act 2000, for the delivery of units within a Part V agreement in order to maximise the transfer of completed housing units. The transfer of land remains the default option, as is currently the case. However, the option of providing cash payment in lieu of housing is being removed, as is the option of providing sites or land elsewhere.
The transfer of completed units on other land, not subject to the planning permission, is also provided for. This allows social housing units to be delivered in another location, in the event that the development that is the subject of the planning permission does not meet the social housing or mixed tenure needs of the local authority. Provision is also made for the Part V obligation to be fulfilled by developers through long term leasing of properties and rental accommodation availability agreements.
As is currently the case, in entering Part V agreements local authorities should have regard to section 96(3)(c) of the Planning and Development Act 2000. This requires local authorities to consider, amongst other things:
- the effective and efficient achievement of the objectives of the local authority's own housing strategy;
- the best use of resources to ensure an adequate supply of housing and the financial implications of the agreement.
In essence, local authorities should consider value for money in the making of any agreements. In this regard, expenditure limits and house purchase cost limits are currently under review.
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. Subject to the availability of Oireachtas time, I hope that the Urban Regeneration and Housing Bill 2015 will be enacted before the Summer recess.
1097. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the technical report prepared by his Department in respect of the tests carried out on the concrete blocks that are affected by mica in County Donegal; the way his Department will assist affected home owners; and if he will make a statement on the matter. [22386/15]
Amharc ar fhreagraIn general, building defects are matters for resolution between the relevant contracting parties, i.e. the homeowner, the builder, the materials supplier and/or their respective insurers and I firmly believe that the parties responsible for poor workmanship and/or the supply of defective materials should face up to their responsibilities and take appropriate actions to provide remedies for the affected homeowners.
In the event that the contracting parties cannot reach a settlement by negotiation, the option of seeking redress in the Courts can be considered. In this context, my Department understands that legal proceedings have been instigated in some of the cases relating to this problem.
I fully appreciate and acknowledge the extremely difficult and distressing situations that certain homeowners in Donegal are facing on account of damage to the structural integrity of their homes and, consequently, my Department met with a number of the affected homeowners in early December 2014. At that meeting, my Department requested copies of test reports from accredited laboratories on the affected concrete blocks, which had been commissioned by a number of homeowners, in order to provide a robust and scientific insight into the problems that have emerged.
Following my visit earlier this year to a number of the affected homes, copies of the requested test reports were provided to my Department and have now been reviewed. A technical report has been prepared and is currently under consideration.
1098. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government the amount of money that was allocated to Westmeath County Council for the construction of local authority housing in each of the years 2004 to 2011; and if he will make a statement on the matter. [22391/15]
Amharc ar fhreagraUnder my Department's Social Housing Capital Investment Programme, funding is provided to housing authorities to increase their supply of social housing stock through the construction and acquisition of houses and apartments. Details of the funding provided to Westmeath County Council in this regard from 2004 to 2011 are contained in the table.
|
WESTMEATH COUNTY COUNCIL |
|
|
Year |
Total |
|
2004 |
€7,644,924 |
|
2005 |
€9,686,630 |
|
2006 |
€13,136,297 |
|
2007 |
€16,614,915 |
|
2008 |
€15,827,034 |
|
2009 |
€14,123,900 |
|
2010 |
€6,022,684 |
|
2011 |
€2,249,432 |
1099. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government his plans to introduce regulations to oblige banks which repossess properties that have sitting tenants to honour existing leases; and if he will make a statement on the matter. [17577/15]
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 relating to, inter alia, security of tenure and the termination of tenancies. 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.
In circumstances where a receiver is appointed to a landlord's interest in a dwelling it is essential that the rights of tenants are protected. While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the policies and procedures of banks in appointing receivers cannot affect the statutory or contractual rights of tenants. The tenant continues to enjoy the same security of tenure. The appointment of a receiver does not mean that a tenant loses their rights under the Residential Tenancies Act 2004. The Act also sets out the procedures and notice periods that must be complied with when terminating a tenancy. In documentation submitted prior to recent meetings with the Joint Oireachtas Committee on Finance, Public Expenditure and Reform, AIB, Bank of Ireland and Ulster Bank confirmed that they adhere to the legislative framework when dealing with the repossession of buy-to-let properties.
The Central Bank of Ireland is responsible for the regulation of financial institutions. The Residential Tenancies Act is about regulating the landlord/tenant relationship. It does not and should not extend to what banks can and cannot do.
The PRTB is aware of the impact on tenants of receivership and repossession proceedings. The Board is engaging with the Central Bank and the financial institutions with a view to developing a voluntary code of practice to apply in such situations. The main purpose of the code would be to ensure that the financial institutions are fully aware of the provisions of the Residential Tenancies Act and to ensure that there is consistency and fairness in the treatment of tenants in these cases.
1100. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the environmental impact studies that have been undertaken on the vapours released from aircrafts; whether environmental impact assessments have been carried out to take account of increased air traffic; and if he will make a statement on the matter. [22431/15]
Amharc ar fhreagraMy Department has not undertaken Environmental Impact Assessments (EIAs) on the vapours released from aircraft.
However, my Department has previously been informed by Met Éireann that vapour trails are formed through the emission of exhaust gases from jet engines of aircraft in the upper troposphere and that the main component of these gases is water vapour. Ambient air temperature at jet cruising altitudes is often below -500 C. Under these conditions, water vapour cools and condenses and the particles act as ice nuclei, leading to the production of ice crystals; these ice crystals are what are visible from the ground as a linear cloud of condensation.
Depending upon atmospheric conditions, these vapour trails can rapidly dissipate or remain for some time, gradually spreading horizontally into an extensive thin cirrus cloud layer. Water in the atmosphere commonly evaporates to become water vapour. As a general rule, the drier the air the more effective this evaporation process will be. Under more humid conditions, there will be less effective evaporation and so contrails will generally last longer in more humid air. Contrail formation is also influenced by wind speeds, with higher winds disrupting and breaking up contrail formation.
Contrails do not adversely impact ambient air quality in Ireland. Met Éireann advises that there is some evidence that contrails can influence climatology but they have little impact on day-to-day weather. The purported reason for the former is that the contrails (or consequent cirrus cloud) will trap outgoing long-wave radiation, thus leading to warming in the atmosphere, and that this effect is greater than the reflection of short-wave radiation from the sun.
The Environmental Protection Agency (EPA), is currently funding a PhD study on contrails and their potential effect on climate as part of its STRIVE research programme. The study titled Cloud cover and radiation balance changes over Ireland due to aircraft induced contrails is due to be completed later this year.
1101. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government the current regulations on the erection of telecommunications masts immediately adjacent to homes and schools; his proposals to regulate their location further; and if he will make a statement on the matter. [22436/15]
Amharc ar fhreagraMy Department published Guidelines for Planning Authorities on Telecommunications Antennae and Support Structures in 1996. The guidelines are intended to facilitate planning authorities, An Bord Pleanála, the licensed providers of mobile telecommunications services and the public by providing guidance on dealing with these developments within the planning system.
The guidelines set out a locational hierarchy in relation to the siting of radio masts and advise that free-standing masts should only be located within, or in the immediate surrounds of, smaller towns or villages as a last resort. If such a location should become necessary, masts and antennae should be designed and adapted for the specific location. In the vicinity of larger towns and in city suburbs, operators should endeavour to locate radio masts in industrial estates or in industrially zoned land. The guidelines further advise that only as a last resort, and if all the alternatives are unavailable or unsuitable, should free-standing masts be located in a residential area or beside schools.
Under Section 28 of the Planning and Development Act 2000, as amended, planning authorities are required to have regard to any Ministerial guidelines in the performance of their functions.
The Guidelines are available on my Department's website at the following weblink:
http://www.environ.ie/en/DevelopmentHousing/PlanningDevelopment/Planning/PlanningGuidance/.
The Guidelines are kept under review in light of best scientific evidence and technical advice.
1102. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government how the funding for housing adaptation grants for the elderly and disabled, as allocated from Exchequer funds to the relevant local authorities, was calculated; how Wicklow County Council received €280,000 as opposed to €1.6 million for County Tipperary, €2.2 million for County Mayo and €1.2 million for County Wexford, in view of the fact that each county has a similar population; and if he will make a statement on the matter. [22455/15]
Amharc ar fhreagraOn 28 May 2015, I announced funding of €40.4 million for the Housing Adaptation Grant Schemes for Older People and People with a Disability. I have increased the level of funding available for the grant schemes by some 10% for 2015. Allocations in 2015 were based primarily on the level of grant activity in local authorities in 2014, with no local authority getting less than their 2014 allocation.
The full funding amount to Wicklow County Council in respect of these grants is €869,052. Of this total, €280,242 is being provided directly by my Department from Voted Exchequer funding and a further €415,000 will be funded from Wicklow County Council's Local Property Tax allocation, in lieu of Exchequer funding. Wicklow is one of 10 local authorities that will receive higher levels of Local Property Tax income in 2015 compared to General Purpose Grant funding in 2014, which will enable them to fund some services in the housing and roads areas that were historically funded by central Government.
Through careful management of my Department's housing budget in 2014, additional funds were made available to local authorities with high levels of grant activity. I will be applying the same scrutiny to the capital budget for 2015 and, in the event of savings arising, these grants will be a priority for supplementary funding.
1103. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the reason local authority members are continuing to pay pension levy deductions despite the fact that they are not eligible for any pension payment. [22501/15]
Amharc ar fhreagraUnder the Local Authority Members (Gratuity) Regulations 2002, as amended by the Local Authority Members (Gratuity) (Amendment) Regulations 2006, a former local authority member is entitled to a retirement gratuity of 4/20ths of the Representational Payment for each year of service, up to a maximum of 20 years' service.
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 local authority members is a payment in lieu of membership of a pension scheme and, as such, local authority members are subject to the deduction outlined in the Financial Emergency Measures in the Public Interest Act 2009.
1104. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the reason local authority members are continuing to have PRSI class deductions taken from their allowances despite not being entitled to any social welfare payment in the case of ill health or loss of employment. [22502/15]
Amharc ar fhreagraMy Department has no direct function regarding issues relating to PRSI and/or social welfare entitlements, both of which fall within the remit of my colleague, the Minister for Social Protection.
1105. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the numbers of staff employed in the local authority building control section in each local authority in the years 2005 to 2014; and his plans to increase available staff and resources to all local authority building control sections. [22509/15]
Amharc ar fhreagraMy Department gathers quarterly data on staff numbers in local authorities. The data gathered does not provide detail in respect of numbers employed in the building control section within each local authority, and accordingly, the information requested is not available in my Department.
1106. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the number of commissions of investigation established under the aegis of his Department, in tabular form, since the Commissions of Investigation Act 2004 came into effect; and if he will make a statement on the matter. [22753/15]
Amharc ar fhreagra1107. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the number of commissions of investigation under the aegis of his Department that have yet to complete and publish their reports; if he will provide a timeframe for same; and if he will make a statement on the matter. [22764/15]
Amharc ar fhreagra1108. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the number of commissions of investigation established under the aegis of his Department during the term of the current Dáil; and if he will make a statement on the matter. [22775/15]
Amharc ar fhreagraI propose to take Questions Nos. 1106 to 1108, inclusive, together.
My Department has not established any Commissions of Investigation, under the Commissions of Investigation Act 2004, since the Act came into effect.
