Written Answers Nos. 437-454
437. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the position regarding the review of building regulations; if he will further clarify the wider consultation his Department undertook with stakeholders in the industry regarding same; and if he will make a statement on the matter. [35612/15]
Amharc ar fhreagraI refer to the reply to Questions Nos. 1384 and 1432 of 22 September 2015 which set out the position in relation to the review of S.I. No. 9 of 2014.
It is worth noting that this review was the fourth review process on this matter when one considers that:
- The changes to the building control framework underpinned by S.I. No. 9 of 2014 were originally devised by a High Level Working Group of senior Department and Local Authority representatives who received submissions and held workshops with industry and local authority stakeholders;
- The outcome of the High Level Working Group’s deliberations were put to public consultation in the form of proposed Draft Building Control (Amendment) Regulations in 2012. 504 comprehensive submissions were received from industry stakeholders, industry practitioners and members of the public;
- Building Control (Amendment) Regulations (S.I. No. 80 of 2013) were signed into law in March 2013. Following concerns about the insurability of persons signing the proposed statutory certificates, detailed engagement followed with industry and local authority stakeholders culminating in the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014) and the Code of Practice for Inspecting and Certifying Buildings and Works:
- The recent review of S.I. No. 9 of 2014 followed a commitment given at the time of its introduction to review the instrument following its first twelve months of operation.
On 2 April 2014, following the announcement of the review, my Department published a suite of documents to inform the review which can still be accessed at the following weblinkhttp://www.environ.ie/en/DevelopmentHousing/BuildingStandards/PublicConsultations/
The documents included a spreadsheet template for submissions with a view to encouraging respondents to focus on documenting what action they thought might resolve their particular concerns.
171 submissions were received from private individuals, industry stakeholders and local authorities during the public consultation process. All submissions received were reviewed by my Department and a Report on the Consultation Process was published on my Department’s website on 31 July 2015 and can be accessed by clicking on the following weblink
http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,42398,en.pdf
In addition to the above I hosted an Open Policy Seminar on Building Control in the Custom House on 15 April 2015. A report on this seminar is included in the overall Report on the Consultation Process already referred to.
Overall, the level of consultation and engagement on this matter far exceeds the arrangements that typically apply when statutory regulations are being developed.
438. Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government if his Department provided Irish Water with the necessary regulations to enable it to take temporary on-site sewage works in private estates into charge; if not, when he will provide the required regulations; and if he will make a statement on the matter. [35622/15]
Amharc ar fhreagraThe Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. It also provides a mechanism whereby water services infrastructure taken in charge by local authorities pursuant to section 180 of the Planning and Development Act 2000, as amended, may be subsequently transferred by Ministerial Order to Irish Water.
Where a planning authority is satisfied that a housing estate has been completed in accordance with the terms of its planning permission and is minded to take the development in charge and, having established that Irish Water is willing to receive water services related assets post taking in charge, then there should be no impediment in the taking in charge process relating to such estates.
My Department commissioned a representative sample of local authorities in a pilot project in order to identify the extent of problems arising from developer-provided water services infrastructure nationally, a range of possible solutions and the potential costs involved. The project’s Steering Group was comprised of my Department, representatives of Irish Water, the County and City Management Association and the EPA. Based on investigations carried out in the functional areas of the local authorities participating in the pilot project, the Steering Group has made a number of recommendations. These will inform the development, by my Department, of a national approach, including funding options, to address the problems arising from developer-provided water services infrastructure in order to remove impediments to the taking in charge of associated housing estates.
439. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if scanning for microchips is compulsory in all dog pounds. [35629/15]
Amharc ar fhreagraMy Department has no direct role in the management or operation of local authority dog shelters. Under the Control of Dogs Acts, local authorities are responsible for operating and managing dog control services in their administrative areas, including the management of dog shelters. Scanning for microchips in dog shelters is not compulsory and is a matter solely for consideration by the relevant local authorities. That said, it is obviously a useful tool in returning animals to their owners and I would consider it good practice for dog shelter operators to act accordingly.
440. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government if the local authorities hold a register of puppy breeders who have been found to be in breach of legislation but who have not received a conviction for animal cruelty; if such breeders can obtain a licence to continue breeding; if puppy breeders who have received a conviction for animal cruelty are allowed to obtain a licence to continuing breeding; and if he will make a statement on the matter. [35640/15]
Amharc ar fhreagraThe regulation of dog breeding establishments is a matter for local authorities in accordance with the Dog Breeding Establishments Act 2010.
Section 9 of the Act requires each local authority to establish and maintain a register of dog breeding establishments situated in their respective functional areas and persons intending to operate such establishments must apply to their relevant local authority for inclusion in the register. If successful, the applicant will be awarded a “registration certificate” confirming registration.
In considering such applications, local authorities shall not register an establishment if, for example, by reason of an offence committed by the applicant under the Dog Breeding Establishments Act 2010 or Control of Dogs Act 1986, or an offence involving cruelty to an animal, the local authority considers such refusal necessary to safeguard animal welfare.
Similarly, in accordance with section 12 of the 2010 Act, a local authority may apply to the District Court for an order removing an establishment from the register if, in the context of a “relevant contravention” of the legislation, it is considered necessary for safeguarding an animal’s welfare. Where such an order is granted removing an establishment from the register, the relevant local authority is required to enter a statement in the register, stating the reasons for the removal, and the operator is required to surrender its registration certificate.
Subsequent applications by such operators for inclusion in the dog breeding establishment register would be considered by local authorities in accordance with the provisions of section 9 of the 2010 Act and the need to safeguard animal welfare.
441. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 722 of 6 October 2015, the reason there is such a disparity in the payment rates within County Mayo; and if he will make a statement on the matter. [35653/15]
Amharc ar fhreagraMayo North East Leader Partnership, South West Mayo Development Company and Comhar na nOilean Teo are the Local Action Groups contracted by my Department to deliver the Leader elements of the Rural Development Programme 2007-2013 in County Mayo. In the context of my Department’s responsibility to ensure that Programme funding was delivered in an efficient and effective way, a decision was taken in 2012 to suspend project approvals by Mayo North East Leader Partnership in order for a number of issues to be addressed. In June 2013, following consideration of the matter, arrangements were agreed by my Department to enable a limited resumption of project approvals by Mayo North East Leader Partnership, following the implementation of an agreed Action Plan. This process has continued to be implemented and my Department is continuing to work closely with the company, to process all remaining claims, as quickly as possible, before year end.
442. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government when he expects the maritime area and foreshore (amendment) Bill 2013 to be introduced in the Houses of the Oireachtas; and if he will make a statement on the matter. [35673/15]
Amharc ar fhreagraDetailed drafting of the Maritime Area and Foreshore (Amendment) Bill is on-going with the intention that it will be published during the current Oireachtas session.
443. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will address a matter (details supplied) regarding water charges; and if he will make a statement on the matter. [35714/15]
Amharc ar fhreagraIn November 2014 I announced a package of measures to ensure that domestic water charges are certain, affordable and clear. A range of flexible payment options are available. Irish Water facilitates bill payment through direct debit, electronic funds transfer, payment by cash at any retail outlet with a Paypoint or Payzone sign, or a post office where a bill can be paid in full or part payments of a minimum of €5 can be made. The overall net cost for those who have registered is either €1.15 a week for single adult households or €3 a week for all others. Water supply will not be reduced under any circumstance.
Payment plans have been developed based on an ability to pay and it is important to note that the late payment charges are focused on those who “will not pay”, rather than those who cannot pay. The late payment charges will only apply where someone is in arrears for more than 12 months and has not entered into a payment plan with Irish Water.
444. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government given questions raised regarding the National Asset Management Agency controlled Prospect Hill development at Leaders' Questions on 7 October 2015, if he will provide an outline of the extent of the problems which pose a health and safety threat in the whole of the complex, besides the 62 units already identified; the efforts by his Department to ascertain such details; and help in the resolution of the issue. [35776/15]
Amharc ar fhreagra445. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he is aware of the serious concerns of many local officials of Dublin City Council and others, that the health and safety threats relating to the National Asset Management Agency controlled Prospect Hill extends well beyond the 62 units currently identified. [35777/15]
Amharc ar fhreagraI propose to take Questions Nos. 444 and 445 together.
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 developments.
Neither I nor the Minister for the Environment, Community and Local Government has any function in assessing, checking or testing compliance, or otherwise, of specific works or developments. Neither can I influence or interfere in the handling of specific cases by local authorities who are at all times independent in the use of their statutory powers.
Remediation of defects is a matter between the parties concerned, the current owners and the builder/developer, their agents and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered.
I understand that the receiver for the builder/developer concerned in this case is engaging with Dublin City Council in relation to compliance issues at the Prospect Hill development. The receiver has undertaken to prepare a schedule of works by the end of this month with a view to issuing a tender in November to secure a contractor to complete the necessary remedial works.
I understand that Dublin City Council will continue to engage with the relevant parties to effect a resolution of the problems at Prospect Hill and will continue to keep the residents informed of key developments. I would urge all concerned to cooperate fully with the local authority in carrying out its statutory functions.
446. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the extent of his Department's funding of a cancelled building proposal (details supplied) on a site at Dromahair in County Leitrim; if he will provide an itemised list of all instances where State funds were spent on this proposal and, respectively, the purpose for same; his views that the proposal and moneys spent on it to date represent value for money for the taxpayer; the amount spent by Leitrim County Council relating to the site and former proposals to date; if he will account for the findings of the internal audit unit of his Department, which found a lack of documentation relating to key decisions and serious audit trail deficiencies; and if he will make a statement on the matter. [35793/15]
Amharc ar fhreagraThe total funding allocated by my Department under the Capital Assistance Scheme to Leitrim County Council in respect of the project concerned is €538,711. The Capital Assistance Scheme provides funding to local authorities for the advancement of sheltered housing projects that the authorities have agreed with approved housing bodies. The funding in this case relates to land costs of €456,000 and professional and legal fees of €82,711 incurred by the approved housing body. I understand that Leitrim County Council have incurred costs of €800 in relation to having the site valued; the exact breakdown of this expenditure is a matter for the local authority.
The project in question was originally proposed by Leitrim County Council in 2005 in respect of a proposed development at Dromahaire, County Leitrim by the approved housing body for a sheltered housing development of 30 units of accommodation for disabled persons, the elderly and elderly emigrants. In advancing the design of the proposed development, the approved housing body had acquired a site at Dromahaire and incurred other costs relating to the project.
Following a detailed assessment and appraisal of the project proposal, the local authority deemed that there was insufficient housing need at that time to justify its advancement and the commitment of public funding that would be required. In light of the costs already incurred by the approved housing body, the local authority submitted an application for these costs to be paid to the approved housing body which, in the circumstances, my Department agreed to fund.
The review of this project undertaken by my Department’s Internal Audit Unit highlighted certain weaknesses in the operation of the Capital Assistance Scheme, particularly in relation to record-keeping and clarity around procedures and processes. It identified the need to review the Department’s circulars to provide more clarity regarding the respective roles and responsibilities of local authorities, Approved Housing Bodies and the Department. A structure was put in place within my Department’s Housing Division following completion of the Internal Audit review to examine and implement its recommendations. As a result, a comprehensive review of and updating of the main Departmental circular relating to the Capital Assistance Scheme is being undertaken which, inter alia, has resulted in the full alignment of the project assessment and approval procedures under the Scheme with the Capital Works Management Framework for publicly funded construction projects.
447. Deputy Gabrielle McFadden asked the Minister for Communications, Energy and Natural Resources the location where the sample of Asian Clam extracted from the River Shannon at Lanesboro in June 2015 by Inland Fisheries Ireland is being stored; if it has been examined; the findings; if these indicate that the Asian Clam dies after a certain period out of water and can be disposed of easily; and if he will make a statement on the matter. [35794/15]
Amharc ar fhreagra448. Deputy Gabrielle McFadden asked the Minister for Communications, Energy and Natural Resources his views on the post-trial dredge report hot-water section Lanesborough by the Inland Fisheries Ireland on the Asian Clam in the River Shannon; if he is satisfied that the recommendations will fully address and remove this invasive species permanently, with particular emphasis on removal and disposal; and if he will make a statement on the matter. [35795/15]
Amharc ar fhreagraI propose to take Questions Nos. 447 and 448 together.
Inland Fisheries Ireland (IFI) has no statutory remit in the area of invasive species.
Some very good preparatory work has, however, been done, thus far, by IFI and Waterways Ireland. However, it is clear that a multi-agency response to the substantive issue is required with the National Parks and Wildlife Service (NPWS), as the body with a statutory remit, in the lead. IFI have confirmed that they are happy to participate in a multi-agency group and to contribute any expertise they have in this regard.
I am advised by IFI that their intervention in this issue has primarily concentrated on their statutory responsibilities as regards the protection conservation, development and promotion of the inland fisheries resource. IFI have been involved in preliminary work from a fisheries perspective, with early action taken to close the fishery, erect public warning signs and install essential bio-security stations, with assistance from ESB, to reduce the threat of further spread from angling activity and equipment.
This was completed promptly and, with appropriate bio-security measures in place for anglers, the fishery was re-opened. I understand, however, that the main potential vectors as regards potential spread of the species are outside the remit of IFI.
IFI also engaged, as a groundwork measure, in a scientific survey in the Lanesborough area and I have asked IFI to forward a copy of the resultant report, which also sets out many of the physiognomies of the species, directly to the Deputy.
Following a trial dredge carried out by Waterways Ireland with assistance from IFI, some 2.5 tonnes of material was removed from the trial site and moved to the IFI store in Roscommon. The issue of disposal of material from any substantive intervention, and of material stored following the trial dredge, would be subject to advice from, and agreement of, the Environmental Protection Agency.
It is important to emphasise that scientific expertise clearly indicates that this species is particularly pervasive in the environment and that eradication, as referred to by the Deputy, does not appear to be a viable option but that ongoing management of the situation, on a multi-agency basis, may be required.
449. Deputy Michelle Mulherin asked the Minister for Communications, Energy and Natural Resources the amendments to the strategy he proposes following public consultation; when he expects to procure a contractor to carry out the works in amber areas pursuant to the national broadband plan; and if he will make a statement on the matter. [35182/15]
Amharc ar fhreagraThe Government’s draft Intervention Strategy was published for public consultation on 15 July 2015. It sets out the key elements of the intervention - what services are proposed and how they will be delivered. It outlines various aspects of the proposed intervention including the type of network envisaged, the minimum speeds being demanded, the length of the contract for services, and whether the network should be publically or privately owned.
The public consultation on the intervention strategy closed on 25 September and 38 submissions were received, representing views from a wide range of stakeholders including companies, agencies and individuals. These submissions are currently being evaluated with a view to finalising the Intervention Strategy. I intend to publish the non-commercial elements of the submissions shortly.
Following the conclusion of the above processes, assessment of the consultation responses and updating of the high speed broadband map to take account of any new commercial developments, the Government will finalise the intervention strategy, with a view to formally commencing procurement by the end of this year. It is intended that the physical build of the network will begin in 2016 after a contract has been awarded. Engagement with industry stakeholders has indicated the physical build could be achieved within 3-5 years of the contract award.
In this context, the National Broadband Plan proposes that through the combination of commercial investment and State intervention, 85% of addresses in Ireland will have access to high speed services by 2018 with all addresses passed by 2020.
450. Deputy Anthony Lawlor asked the Minister for Communications, Energy and Natural Resources his plans to give direction to local authorities that a condition of planning of all new housing developments includes e-fibre connectivity; and if he will make a statement on the matter. [35356/15]
Amharc ar fhreagraPlanning policy is a matter for the Minister for Environment, Community and Local Government. I therefore have no power to issue directions to Local Authorities on any aspect of planning and building rules and policies. My Department does, however, monitor issues which may act as barriers to the deployment of broadband services.
In this regard, my Department has indicated to the Department of the Environment, Community and Local Government, that it sees benefits in exploring possible ways of amending planning legislation in order to facilitate cost effective and accelerated roll-out of broadband.
This could include the question of ducting into new builds that would provide a conduit for fixed line connectivity from the outset. Such a development would support the Government’s broadband objectives.
451. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources if he will address a matter (details supplied) regarding broadband in County Longford; and if he will make a statement on the matter. [35357/15]
Amharc ar fhreagraThe National Broadband Plan (NBP) is a Government initiative which aims to deliver high speed broadband to every citizen and business in Ireland. This is being achieved through a combination of accelerated commercial investment by telecoms operators, and a proposed State intervention to provide high speed broadband to those parts of the country where the commercial sector will not invest. Last November I published a national high speed coverage map for 2016. This map is available at www.broadband.gov.ie. The map shows Ireland with two colours, BLUE and AMBER, and was developed based on the most up to date information available at the time of publication. The areas marked BLUE represent those areas where commercial providers are either currently delivering or have plans to deliver high speed broadband services by 2016. The areas marked AMBER represent those areas where the State intends to intervene to ensure those areas will have access to high speed broadband services and includes Legan, Co Longford.
More specifically I can confirm that high speed broadband has been extended to serve 7,105 premises to date in County Longford with a further 3,786 expected to be served over the next 18 months. This coverage is referred to as "homes passed" and consumers will need to enter into a contract for service in order to activate the service. The remaining 11,691 premises in county Longford will be covered by further commercial investment or the NBP intervention.
My Department is currently in the process of updating the Map, taking into consideration any new information received or operator announcements made of any new plans. We expect to publish an updated version of the Map before the end of this year.
The NBP proposed Intervention Strategy document, which was published on 15 July last, sets out a series of detailed proposals by Government in respect of the proposed State intervention. It sets out the key elements of the intervention - what services are proposed and how they will be delivered. It outlines various aspects of the proposed intervention including the type of network envisaged, the minimum speeds being demanded, the length of the contract for services, and whether the network should be public or privately owned.
The Government is determined to ensure that the network is built out as quickly as possible and engagement with industry stakeholders has indicated that this could be achieved within 3-5 years of the contract award.
In this context, the NBP proposes that through the combination of commercial investment and State intervention, 85% of addresses in Ireland will have access to high speed services by 2018 with all addresses passed by 2020.
452. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources for an update on the ongoing consultation process on payment mechanisms for micro-generators exporting their surplus power from solar panels; and if he will make a statement on the matter. [35481/15]
Amharc ar fhreagraIn the context of the forthcoming energy policy paper, my Department is considering the optimal fuel mix, including the role of renewable energy, for Ireland. The Green Paper on Energy Policy, inter alia, sought feedback on the role that alternative technologies, such as solar, could play in delivering our renewable energy ambitions. Views received will be taken into consideration in the preparation of the White Paper on Energy which will be published before the end of this year. The Renewable Electricity Feed-in-Tariff (REFIT) schemes are the principal means of supporting renewable electricity generators for renewable energy exported to the grid. These schemes support electricity generated from a range of renewable sources including small scale hydro, biomass and wind. Small scale renewable generation is eligible to apply for support under the REFIT schemes. Solar PV is not one of the qualifying technologies for this scheme. Further information is available on my Department's website, www.dcenr.ie.
Analysis of the potential of microgeneration technologies such as small scale wind, solar (including photovoltaic) and small scale hydro, has been carried out by the Sustainable Energy Authority of Ireland (SEAI). The SEAI's findings, along with responses to the recent consultation on the Green Paper on Energy Policy in Ireland, will inform future policy on the provision of any market support for microgeneration.
On 31 July the Department launched a consultation on a new support scheme for renewable electricity. While the initial phase of the consultation closed on 18 September 2015, there will be two further opportunities to contribute at key stages in the design of any new scheme. The consultations will be informative regarding the technologies that will assist in meeting our future renewable energy targets. Subject to Government approval and State Aid clearance from the European Commission, the new scheme would become available in 2016.
453. Deputy Michael Lowry asked the Minister for Communications, Energy and Natural Resources if he is aware of the serious lack of discussion and complete breakdown in communication between the board of directors of Bord na Móna and the company's staff and union representatives; that staff were not consulted before the recent announcement that Bord na Móna will end peat harvesting by 2030; if he has made specific inquiries or representations to the board of directors of Bord na Móna, as to the reason a full and clear consultation process did not take place before this announcement; if he will confirm this decision will not result in job losses within the Bord na Móna group of companies; and if he will make a statement on the matter. [35757/15]
Amharc ar fhreagraBord na Móna is a commercial State company operating under the Turf Development Acts 1946 to 1998. The matters raised by the Deputy are operational in nature and are not ones in which I, as Minister, have any function.
Bord na Móna is facing significant business challenges in the context of the increasingly competitive and challenging environments across all its business areas. Furthermore, I am advised by Bord na Móna that peat is a finite resource which will be largely exhausted by 2030. Given these challenges and in order to ensure its continued success, the company is implementing a programme to transform all areas of its operations and structure. As part of this transformation process, the company last week published a Report "Sustainability 2030".
I understand that in July 2008, Bord na Móna published a new strategic direction for the company which included a commitment not to open any new bogs and I am assured by Bord na Móna that this policy has been clearly communicated throughout the last number of years to employees. I am further informed by the company that the transformation process involved in the Sustainability 2030 Report is unlikely to result in job losses. I am assured that Bord na Móna have well established channels of communication with employees and that the company has renewed its commitment to communication earlier this year. This staff engagement is set to continue as the Sustainability 2030 strategy is implemented.
454. Deputy Michael Moynihan asked the Minister for Communications, Energy and Natural Resources his views on the initial outlay planned for infrastructure and capital Investment 2016 to 2021 for the national broadband plan; if any moneys in the allocation of €275 million contain funding sourced from the European Regional Development Fund; and if he will make a statement on the matter. [35800/15]
Amharc ar fhreagraThe proposed State intervention under the National Broadband Plan (NBP) represents a very significant capital investment project for the State.
Section 7.5 of the draft intervention strategy which I published for public consultation on 15 July last deals in some detail with issues related to project costs.
On 29 September last, the Government approved an allocation of €275m for the National Broadband Plan (NBP) which will provide the initial stimulus for the early years of the State intervention.
The €275 million allocated to the NBP does not represent the full cost of the programme. The contract will require the delivery of the full network by 2020, plus its operation for a much longer period. The exact amount of funding required will ultimately be determined by a competitive procurement process.
The State contribution towards the cost of delivery may be achieved through a combination of Exchequer and other sources, including the European Investment Bank. State expenditure of €150m is required before the €75m under the European Regional Development Fund can be drawn down.
