Thursday, 19 Nov 2015

Written Answers Nos. 224-238

Data Protection

Ceisteanna (224)

Catherine Murphy

Ceist:

224. Deputy Catherine Murphy asked the Minister for Education and Skills for details of all instances from 1 January 2000 to 2015 to date where legislation introduced by her or on her behalf, which is enacted and still in force, contains a provision amending the Data Protection Acts to allow for the transfer of personal or other data collected, retained and processed by the State for a particular purpose towards another specific purpose, in tabular form; the financial cost of creating and administering such databases, by case; the projected financial cost for databases not yet complete; the specific legislative provision that enabled such data transfers; and if she will make a statement on the matter. [41135/15]

Freagraí scríofa

Minister for Education and Skills

No legislation was introduced by my Department between 1 January 2000 to 2015 which contains a provision amending the Data Protection Acts 1988 and 2003.

State Bodies

Ceisteanna (225)

Sean Fleming

Ceist:

225. Deputy Sean Fleming asked the Minister for Education and Skills the number of new State bodies and agencies under her remit that have been established since February 2011; the number of such bodies subject to a sunset clause; the number of new public bodies currently being planned; and if she will make a statement on the matter. [41268/15]

Freagraí scríofa

Minister for Education and Skills

For the Deputy's information, under the Public Service Reform plan, the following were identified for rationalisation or merger since 2011 and the following actions have taken place.The Irish Research Council for Science, Engineering and Technology and Irish Research Council for Humanities and Social Sciences were merged in March 2012 to form the Irish Research Council (IRC). The IRC has been established as a sub-board of the Higher Education Authority (HEA).

Under the provisions of the Qualifications and Quality Assurance (Education and Training) Act 2012, the National Qualifications Authority of Ireland (NQAI), the Higher Education Training Awards Council (HETAC) and the Further Education Training Awards Council (FETAC) were amalgamated to form a new agency, Quality and Qualifications Ireland.

Under the provisions of the Education and Training Boards Act 2013 the Vocational Education Committee (VEC) system was reconfigured, with the number of further education bodies being reduced from 33 to 16.Under the provisions of the Further Education and Training Act 2013 FÁS was dissolved in October 2013, with a new training authority, An tSeirbhís Oideachais Leanúnaigh agus Scileanna ( SOLAS) being created with responsibility for funding, planning and co-ordinating training and further education programmes. Following the enactment of the Residential Institutions Statutory Fund Act 2012, the Education Finance Board was dissolved in March 2013 and the Residential Institutions Statutory Fund Board (Caranua) has been established. The Educational Research Centre was established as an agency of the Department on 9th September 2015 under the Educational Research Centre Establishment Order, 2015. The Centre carries out independent research on many aspects of education including the conduct of national and international assessments of attainment and achievement, the evaluation of initiatives and programmes and critical analysis of issues in education.

Bodies under the aegis of my Department are not routinely subject to sunset clauses. Due to the evolving nature of the education remit it is typically the practice of my Department to work to dissolve relevant Bodies/agencies via the process of amending legislation whenever appropriate.

At this time my Department is not planning to create any new bodies in the education sector.

Defined Benefit Pension Schemes

Ceisteanna (226)

Sean Fleming

Ceist:

226. Deputy Sean Fleming asked the Minister for Education and Skills the number of defined benefit pension schemes currently listed for employees under her remit; the number that are in deficit; her plans to consolidate any of these schemes; and if she will make a statement on the matter. [41288/15]

Freagraí scríofa

Minister for Education and Skills

There are 34 defined benefit pension schemes, for employees in the education sector, under my remit. One scheme is in deficit and my Department officials are working with the trustees and administrators of the scheme to address this deficit.

In general the Schemes under my remit, as is the norm in the public sector, are defined benefit schemes, which provides for a pension based on service and final pensionable remuneration. These schemes are unfunded pay-as-you-go schemes, the amount of pension benefit is defined in the Scheme rules and is not affected by investment returns. Scheme benefits are payable from monies voted by the Oireachtas, out of current expenditure.

The Public Services Pension (Single Scheme and Other provisions) Act 2012 provided for the establishment of a single pension scheme for new entrants, in general, to the Public Service on or after January 2013. While the Single Scheme is also a pay-as you-go scheme, unlike pre existing Public sector schemes, the benefits payable under the Single Scheme are calculated on career average earnings of the member.

Animal Breeding Regulations

Ceisteanna (227)

Olivia Mitchell

Ceist:

227. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government if he will review the rules and guidelines surrounding dog breeding establishments; and if he will make a statement on the matter. [40989/15]

Freagraí scríofa

Minister for the Environment, Community and Local Government

The regulation of dog breeding establishments is a matter for local authorities in accordance with the Dog Breeding Establishment Act 2010. The Act provides a robust regulatory framework for, inter alia, the licensing, monitoring and inspection of dog breeding establishments by local authorities and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments. A joint inspection regime of dog breeding establishments, involving officials from the Department of Agriculture, Food and the Marine and the Local Authority Veterinary Service, was introduced earlier this year. Inspections are ongoing and necessary follow up action is taken as appropriate. The discovery of individual problematic dog breeding establishments, and the taking of action by the Gardaí, the Department of Agriculture, Food and the Marine and local authorities in an integrated manner in the most serious cases, would suggest the legislation is effective and I have no plans to amend it at this time.

Tribunals of Inquiry Expenditure

Ceisteanna (228)

Bernard Durkan

Ceist:

228. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which provision is being made, or has been made, for the costs associated with the Mahon tribunal, in respect of which legal or other costs are still outstanding; and if he will make a statement on the matter. [41094/15]

Freagraí scríofa

Minister for the Environment, Community and Local Government

The Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal) was established in October 1997 and published its Final Report in March 2012. The work of the Tribunal at present is largely focused on the settlement of the remainder of third-party and court costs incurred during the work of the Tribunal.

The Tribunal estimated in 2014 that the total costs of its deliberations would amount to approximately €159 m once all costs have been agreed and paid. This estimate was prepared in accordance with standard accounting practice and the agreed protocol on legal fees, on the assumption that all parties involved with the Tribunal, and who were entitled to apply for their costs, would receive all of their costs. The total cost of the Tribunal to date has amounted to €115.75 m. My Department has recently confirmed that the 2014 estimate remains an accurate prediction of the Tribunal’s likely total cost.

Mortgage to Rent Scheme Administration

Ceisteanna (229)

Pearse Doherty

Ceist:

229. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he is aware of a procedural agreement that exists between lenders and approved housing bodies in respect of the mortgage to rent scheme in which cases are exited from the scheme and subsequently not offered to the approved housing body panel for consideration without at least a 15% reduction on the open market value of the property; of the hugely negative impact that such an agreement has on the likelihood of individual applications being successful under the scheme; and if he will make a statement on the matter. [40911/15]

Freagraí scríofa

Minister for the Environment, Community and Local Government

The Approved Housing Body (AHB) Mortgage to Rent Scheme is now established as part of the overall suite of social housing options and an important part of the arrears resolution process. The Mortgage to Rent Scheme is not intended as a solution for the vast majority of arrears cases. The transition from being a homeowner to a social housing tenant is a major one for families. The Scheme relies on the financial institutions to propose suitable properties, with the Housing Agency making a determination as to whether the agreed eligibility criteria have been met. The financial viability of particular transactions, for either the lenders or the AHBs, are commercial decisions to be taken by the individual bodies concerned.

As part of my Department’s on-going process of engagement with the relevant stakeholders involved in the operation of the Scheme, a protocol between all stakeholders was agreed and came into operation in June 2014. The protocol is intended to minimise delays in the process; to ensure that the borrower is involved from the outset; and is kept informed of progress throughout. A key objective of the protocol is to ensure that cases which are unlikely to be financially viable for the parties concerned are identified as early in the process as possible and withdrawn from further consideration. Such cases would generally include instances where the funding available to the AHB would not support the purchase of the property unless a discount in excess of 15% of the Open Market Value (OMV) was provided by the lender. However, the protocol provides that such cases can be considered by a lender should they so wish.

The package of commitments on mortgage arrears announced by Government in May 2015 included a number of amendments to the AHB Mortgage to Rent Scheme which will enable more properties to qualify for the Scheme, and make it more flexible and accessible to borrowers. Amendments made with effect from 1 July 2015 include increases in the valuation thresholds for properties, flexibility in relation to the size of properties which qualify for the scheme and amendments made to allow borrowers with marginal positive equity to be considered. In addition, the financial support available to AHBs for Mortgage to Rent cases has been increased. My Department continues to keep the operation of the Scheme under review.

Private Rented Accommodation Deposits

Ceisteanna (230)

Gabrielle McFadden

Ceist:

230. Deputy Gabrielle McFadden asked the Minister for the Environment, Community and Local Government the way a property services company (details supplied) will manage booking deposits for a student accommodation village, whereby rental deposits will be lodged with the Private Residential Tenancies Board; and if he will make a statement on the matter. [40915/15]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Residential Tenancies (Amendment)(No. 2) Bill 2012 will amend the Act to provide for a deposit protection scheme to be operated by the PRTB. Under the scheme, landlords will lodge tenancy deposits with the PRTB at the same time as they are registering their tenancy. The PRTB will hold these deposits for the duration of the tenancy and will retain the interest generated on the deposit funds towards funding the cost of operating of the scheme. If the landlord agrees, the deposit will be repaid to the tenant at the end of the tenancy. Where there is no agreement between the landlord and tenant on how the deposit is to be repaid, the parties may apply to the PRTB for dispute resolution.

Any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease will be repaid to the tenant subject to compliance by the tenant with provisions regarding default in the payment of rent or damage to the property beyond normal wear and tear.

The deposit protection scheme will not apply in circumstances where a tenancy does not exist, e.g. the property is let under a licensing arrangement.

The Residential Tenancies (Amendment) (No. 2) Bill 2012 has passed all stages in the Dáil, together with Committee Stage in the Seanad and will return to the Seanad for Report Stage on Tuesday 24 November.

Mortgage to Rent Scheme Funding

Ceisteanna (231)

Pearse Doherty

Ceist:

231. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government how the €20 million fund announced (details supplied) was spent; if any of the fund remains; through which local authorities was it drawn down; and if he will make a statement on the matter. [40954/15]

Freagraí scríofa

Minister for the Environment, Community and Local Government

A Mortgage to Rent scheme for local authority borrowers in arrears was piloted in two local authority areas, namely Westmeath County Council and Dublin City Council, in 2013. The Local Authority Mortgage to Rent (LAMTR) scheme was rolled out nationally in February 2014. The LAMTR scheme is similar to the Mortgage to Rent scheme for borrowers with mortgages from private commercial lending institutions, insofar as it also targets low income families whose mortgage situation is unsustainable and where there is little or no prospect of a significant change in circumstances in the foreseeable future. The LAMTR Scheme also ensures that the family remains in their home and ownership is transferred to a local authority rather than to an approved housing body as is the case under the Mortgage to Rent scheme in the private lending sector. Therefore, the family becomes a tenant of the local authority under the LAMTR scheme. Eligibility requirements under both schemes are in line with other forms of social housing support.

Funding for the Scheme is secured through the annual Estimates process. The Local Authority Mortgage to Rent (LAMTR) scheme is demand - led and actual expenditure across local authorities amounted to approximately €6.4m in 2014. A list of the funds drawn down by Local Authority in 2014 is set out below. A budget allocation of €8m was provided in 2015, of which €5.8m has been drawn-down by local authorities to date in 2015. A total of €17m has been provided for Mortgage to Rent Schemes (both Local Authority and Approved Housing Bodies Schemes) in 2016.

The Mortgage Arrears Resolution Process (MARP) is being implemented across all local authorities. My Department issued revised guidelines to local authorities for dealing with mortgage arrears within the local authority sector in June 2014. Dealing with Mortgage Arrears – A Guide for Local Authorities is available on my Department’s website by clicking on the following link: http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,30943,en.pdf.

In cases of acute mortgage arrears distress, all homeowners also have the option of seeking to avail of the legal process now also in place to deal with personal insolvency. The most important step any family in arrears can take is to engage early with the Arrears Support Unit of the local authority. Solutions are available and advice should be sought as early as possible.

Funds drawn down by local authorities under the LAMTR scheme in 2014:

County	Amount
Carlow	€156,621
Cavan	€143,830
Clare	€75,905
Dublin City	€4,123,139
Donegal	€291,109
Kildare	€120,648
Kilkenny	€80,631
Laois	€151,525
Louth	€101,500
Roscommon	€66,803
Westmeath	€986,307
Wexford	€100,230
Total	€6,398,248

Private Rented Accommodation Price Controls

Ceisteanna (232)

Eric J. Byrne

Ceist:

232. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding rents; and if he will make a statement on the matter. [41002/15]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

The Residential Tenancies (Amendment) (No. 2) Bill 2012 is currently before the Oireachtas and will introduce a number of provisions which will bring much-needed stability to the rental sector. Amendments in relation to rent will extend the period between reviews of rent; extend the minimum period of notice of new rent; and introduce new requirements in relation to the notification of new rent. The Bill also introduces a number of measures to enable the Private Residential Tenancies Board ( PRTB) to deal effectively with tenants who do not comply with their obligations, including the obligation to pay rent. In addition to this, the Bill will address an issue that has been a cause of concern to landlords by providing that a minor error or defect in a Notice of Termination, that is an error or defect not prejudicial to the tenant, would not invalidate the Notice.

Furthermore, the Bill provides that in future, PRTB Determination Orders will be enforced in the District Court rather than the Circuit Court. This will considerably reduce the expense of enforcing a determination order and should also provide for faster hearings and better enforcement of, for example, rent arrears and anti-social behaviour cases. Finally, tax relief measures, to be introduced in the Finance Bill, will allow landlords who lease to tenants in receipt of social housing supports such as rent supplement or the Housing Assistance Payment (HAP), to avail of 100% mortgage interest relief on their borrowings where they commit to accommodating tenants in receipt of the above payments for a minimum period of 3 years.

Taken together, I believe that these measures are a proportionate and balanced response to the current difficulties being experienced in the private rented sector. The Residential Tenancies (Amendment) (No. 2) Bill 2012 has passed all stages in the Dáil, together with Committee Stage in the Seanad, and will return to the Seanad for Report Stage on Tuesday 24 November.

Irish Water Remit

Ceisteanna (233)

Robert Troy

Ceist:

233. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if he considers it fair that wastewater pipes that traverse private gardens and for which maintenance and ownership fall under the responsibility of the relevant local authority up until the establishment of Irish Water have not transferred to Irish Water, that it now remains the responsibility of the property owner; and if he will make a statement on the matter. [41027/15]

Freagraí scríofa

Minister for the Environment, Community and Local Government

With effect from 1 January 2014, Irish Water is responsible for public water services. Irish Water is responsible for water services infrastructure including water supply pipes or drainage pipes extending from a waterworks or waste water works to the curtilage of a private dwelling. Under Section 54 of the Water Services Act 2007, responsibility for maintenance and replacement of any water or wastewater pipes, connections or distribution systems which are located within the boundary of their property rests with the owner. In the case of local authority houses, repairs would be carried out by the local authority in their capacity as owner of the property. Similarly, landlords would have duties with respect to properties they own.

Householders 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 plumbing works. 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.

Planning Issues

Ceisteanna (234)

Finian McGrath

Ceist:

234. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if it is acceptable for Dublin City Council to breach An Bord Pleanála’s planning conditions in respect of the construction of a sea wall in Dublin 3; and if he will make a statement on the matter. [41033/15]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

It is a matter for the relevant local authority concerned to carry out projects in accordance with the approval received for such projects, either from An Bord Pleanála under section 175, 177AE or 226 of the Planning and Development Act 2000, as amended or under the Part 8 requirements of the Planning and Development Regulations 2001, as amended, relating to local authority own developments. Local authorities are separate, independent statutory bodies whose members are directly elected and therefore accountable to the electorate. A local authority is independent in the performance of its functions, but is of course required to do so in accordance with the law.  My role in relation to local authorities is primarily to provide the policy, financial and legislative framework within which local authorities perform their functions and I have no role in relation to the matter referred to.

In addition, under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a local authority, or An Bord Pleanála, is or may be concerned.

Ultimately, all state bodies are answerable to the Courts where breaches of the law are alleged. The option of taking a judicial review, or making a complaint to the Ombudsman, may be available where a person considers that a public body is behaving unlawfully or in breach of its statutory duty.

I understand that the project referred to, comprising a cycleway proposal as well as flood alleviation works, was originally approved by An Bord Pleanála. Dublin City Council subsequently made some alterations to the cycleway aspects of its proposals which were progressed and approved under the Part 8 procedures. The most recent approval of the City Council requires that the conditions attaching to the original approval of An Bord Pleanála be complied with. In this regard, I understand that the Council has recently issued a public statement in relation to the project gene rally and its compliance with the planning conditions attaching to the project.

Leader Programmes Funding

Ceisteanna (235, 236, 237, 238)

Aengus Ó Snodaigh

Ceist:

235. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the date the decision was taken to grant Leader funding to a marina (details supplied) in County Westmeath; who was involved in the decision; the date on which the money was released, given that Westmeath County Council was aware from early 2012 that the marina was an unauthorised development and the first enforcement order for the marina was signed in November 2012. [41036/15]

Aengus Ó Snodaigh

Ceist:

236. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government his views that it is acceptable that Leader funding be granted to an unauthorised development (details supplied) in County Westmeath that was built mainly outside the Waterways Ireland jurisdiction line, therefore built on property owned by the people of Ireland; and if he is aware that the area in question is a special protected area and a special area of conservation, which statuses have been ignored by the developers of the marina. [41037/15]

Aengus Ó Snodaigh

Ceist:

237. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if he is aware that a company (details supplied) in County Westmeath is running as a full commercial business on property it does not own and does not have the right to run a commercial business on or out of; that Waterways Ireland, the relevant authority, has been aware of this for four years, has not done anything about it and does not seem to want to do anything about it; and if this is of concern to him. [41038/15]

Aengus Ó Snodaigh

Ceist:

238. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if he or his Department has had any communication with the owner of a marina (details supplied) in County Westmeath regarding its sale of lands which it does not own, but which is owned by Waterways Ireland, in trust for the people of Ireland; and if he has not, if he will investigate this matter and act, if untoward activities are being carried out at the location. [41039/15]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

I propose to take Questions Nos. 235 to 238, inclusive, together.

Westmeath Community Development Ltd. are contracted to deliver the LEADER element of the Rural Development Programme 2007-2013 (RDP) in Westmeath and are the decision-makers in relation to the allocation of project funding. This is in line with the ‘bottom up’ approach to rural development. The decision to award funding to the project referred to by the Deputy was taken by Westmeath Community Development Ltd. on the 29 March 2012, with funding of €13,387 paid on 26 July 2013.

The provision of LEADER funding is subject to compliance with both EU and national regulations and rules at all times. As stated previously, the project in question involved a feasibility study, which, inter alia, examined the project promoter’s existing business and potential business opportunities. No funding was provided for the development of the marina per se. Accordingly, I am satisfied that the enforcement order from Westmeath County Council was not breached by the LEADER funded project.

I can confirm to the Deputy that my Department has not been in contact with the owner of the Marina in relation to the issues raised by the Deputy. Westmeath County Council is the relevant authority with responsibility for the enforcement of planning regulations. I am advised that it has been in correspondence with both Waterways Ireland, as owner of the foreshore, and the operator of the marina in question, in relation to the development that has taken place there.