Written Answers Nos. 164-167
164. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government to investigate a proposal (details supplied) regarding flooding issues; and if he will make a statement on the matter. [45504/15]
Amharc ar fhreagraI understand that this project comprising a cycleway proposal as well as flood alleviation works to address higher tides and sea levels was originally approved by An Bord Pleanála in 2011 under section 226 of the Planning and Development Act 2000, as amended, relating to foreshore developments.
Dublin City Council subsequently made some alterations to the cycleway aspects of their proposals which were progressed under the Part VIII requirements of the Planning and Development Regulations 2001, as amended, relating to local authority own developments. Planning approval for the revised proposals was granted by Dublin City Council in May 2013. The procurement of the contract for the undertaking of the works concerned is a matter for Dublin City Council.
Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular planning case with which a planning authority, including An Bord Pleanála, is or may be concerned.
165. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government on behalf of a person (details supplied), why some landlords of multi-unit developments are able to take advantage of an exemption from the Private Residential Tenancies Board and why some tenants are excluded from the board's protection; and if he will make a statement on the matter. [45486/15]
Amharc ar fhreagraThe Residential Tenancies Act 2004, as amended, regulates the tenant-landlord relationship in the private rented residential sector. 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 facilitate the resolution of disputes between landlords and tenants.
The Act applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the Act, and include for example
- a dwelling that is used wholly or partly for the purpose of carrying on a business;
- a dwelling within which the landlord also resides;
- a dwelling the subject of a tenancy the term of which is over 35 years.
Where a dwelling is occupied by a person under a tenancy to which the Act does not apply or under an arrangement or agreement which is not a tenancy, such as instances where a bona fide licensing arrangement exists, the PRTB does not have any function in relation to such agreements or arrangements.
In circumstances where it is unclear as to whether a dwelling is the subject of a tenancy to which the Act applies, the PRTB can adjudicate on the question and has done so in the past. Where it finds that a tenancy is unregistered due to the landlord’s wrongful claim that the Act does not apply to the dwelling, the PRTB can serve a notice requiring registration and failure to comply is an offence.
166. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the measures he is taking to prevent corruption of the planning process at local and national level; if he will publish all recent reports on this matter; and if he will make a statement on the matter. [45535/15]
Amharc ar fhreagraOn 15 December 2015, I published the Independent Planning Review of the performance of planning functions having regard to specific planning issues raised in respect of six planning authorities (Carlow, Cork, Galway and Meath County Councils and Cork and Dublin City Councils) prepared by McCabe Durney Barnes, together with my Department’s Response Report to the recommendations. This provides for an expedited schedule to implement all recommendations of the report which I have accepted to be implemented through appropriate legislative, regulatory and policy level changes in 2016. Both reports are available to download on my Department’s website at the following weblinks: http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,43873,en.pdf. http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,43874,en.pdf.
A separate review follows on from the Order made by the High Court on 14 June 2013, quashing that part of my Department’s Planning Review Report (2012) relating to Donegal, following a settlement between my Department and the party concerned who had brought judicial review proceedings in respect of that part of the Report. The matter has been disposed of to the satisfaction of both sides. In light of these proceedings, my Department subsequently sought the advice of the Attorney General on how best to proceed in the case of issues raised in relation to planning matters in Donegal. Taking account of advice from the Office of the Attorney General my Department has appointed, on a non-statutory basis, Senior Counsel to prepare a review report in relation to these matters and a report is awaited.
In addition, I have received approval from Government to publish the Planning and Development (Amendment) (No. 2) Bill 2015 which will be available on the Houses of the Oireachtas website shortly. The Bill provides for the establishment of an Office of the Planning Regulator, which will be independent of my Department and whose primary functions will include powers to facilitate enhanced oversight of the planning system by undertaking assessments and evaluations of local development plans, variations of development plans, local area plans and regional spatial and economic strategies to ensure compliance with proper planning and sustainable development particularly regional and national planning policy and guidelines; undertaking research, education and training programmes; and undertaking reviews of the organisation and the systems and procedures used by planning authorities or An Bord Pleanála in the performance of their planning functions under the Planning and Development Act 2000, as amended, including a review of any potential risks of corruption in the conduct of their functions.
Part 15 of the Local Government Act 2001 provides an ethics framework for both elected members and employees working in local government. The ethics framework imposes a statutory duty on all to maintain proper standards of integrity, conduct and concern for the public interest. There are requirements to submit annual declarations of interest and to also make a declarable interest when pertinent matters arise during the course of the business of the local authority. Elected members are prohibited from speaking or voting at meetings on issues where they have a beneficial interest while employees must refrain from seeking to influence a decision of a local authority in cases where they have a beneficial interest. The Act also prohibits elected members and employees from seeking, accepting or exacting any fee, reward or other favour for anything done by virtue of a person’s office or employment. My Department has also issued codes of conduct under Part 15 of the Act for the guidance of elected members and employees in carrying out their functions.
167. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government why his predecessor met a person (details supplied) on 27 February 2012 who was lobbying on behalf of a company; if the purpose of the meeting was to lobby for the company's interest in the Irish Water call centre contract, which was due to go to tender at that time; if he will release any minutes taken at the meeting; if it is appropriate that large corporations which subsequently go on to obtain large State contracts should have access to Ministers in this fashion, without a record of what was discussed being available; and if he will make a statement on the matter. [45539/15]
Amharc ar fhreagraAs Irish Water is a commercial utility and a subsidiary of Ervia (formerly Bord Gáis Éireann), formed and registered under the Companies Act, neither I, as Minister for the Environment, Community and Local Government, nor my predecessor has had any role in relation to the procurement by Irish Water of external resources or service providers. These are operational matters for the company.
My predecessor as Minister received a request for a meeting with the company concerned and subsequently met with company representatives on 27 February 2012. Department records show that this was an introductory meeting where a profile of the company was provided to the Minister. As such, no minute was taken of the meeting.
The procurement of call centre services, which commenced with the publication of a contract notice in October 2012 and on foot of which a contract was awarded in May 2013, was wholly managed by Ervia/Irish Water, in compliance with public procurement rules.
