Written Answers Nos. 19 - 27
19. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if he is satisfied with the level of enforcement, inspection and compliance relating to waste collection operators here; the inspection regime that is in place to ensure they are compliant; and if he will make a statement on the matter. [18455/16]
Amharc ar fhreagraWhile issues concerning the enforcement of waste legislation are a matter for local authorities who have significant powers under the waste regulations to secure compliance by waste collectors, my Department has introduced a number of measures to strengthen efforts to improve enforcement generally.
Waste Enforcement Regional Lead Authorities (WERLAs) have been established in each of the three existing waste regions with responsibility for coordinating waste enforcement actions and ensuring consistent enforcement of waste legislation, while still leaving local authority personnel as first responders on the ground to specific breaches of waste legislation. This will facilitate a transformation from process-driven enforcement, structured around separate implementation of individual regulations, to one that focuses greatest effort on the waste problems and issues that matter most and to take swift, proportionate and effective action.
The work of the WERLAs is being supported by continued funding provided by my Department for the local authority waste enforcement network. Some €8.2 million is being provided in 2016 for the retention by local authorities of 155 specialised waste enforcement officers, critical to tackling issues such as illegal dumping in local communities and in providing an enhanced response on the ground to infractions of the waste code.
A working group on the introduction of the Pay-By-Weight charging consisting of members from my Department, the WERLA’s and National Waste Collection Permit Office (NWCPO) has to date devised and completed a programme of data collection and inspections to help ensure that household waste collectors are, inter alia, weighing waste and making those weights available to customers. The first phase began in March 2015 with an information and awareness visits followed by vehicle inspections (June 2015), customer account inspections (February 2016) and back office Inspections (April 2016). There are currently further inspections on-going in coordination with the NWCPO review of waste collection permits.
An effective system of waste management is critical to the welfare of the environment and society in general and the appropriate use of enforcement powers currently being deployed by local authority waste enforcement personnel is important, both to secure compliance with the law and to ensure the provision of appropriate household waste collection services.
20. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government his understanding on the status of a resolution for Longboat Quay residents; and his plans to introduce comprehensive building regulations so this does not happen again. [18479/16]
Amharc ar fhreagraThe specific matters in relation to the Longboat Quay development are currently before the Courts and, as a consequence, are subjudice. In the circumstances, it would be inappropriate for me to comment on this development at this time.
In response to the many building failures that have emerged over the past decade, my Department introduced the Building Control (Amendment) Regulations 2014, which provide for greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.
Statutory certificates of compliance, where relevant, must be given at commencement (design only) and completion and must be signed by a registered construction professional (i.e. an Architect or a Building Surveyor or a chartered Engineer who is included on a statutory register maintained respectively by the Royal Institution of Architects of Ireland, the Society of Chartered Surveyors of Ireland or Engineers Ireland). The statutory certificate of compliance on completion must also be signed by the builder.
In effect, the statutory Certificate of Compliance on Completion certifies that a building is compliant with all relevant requirements of the Building Regulations 1997 to 2014.
The Building Control (Amendment) Regulations 2014 were reviewed following their first 12 months in operation. It is clear from this review that the recent reforms have brought a new order and discipline to bear on construction projects. I am confident that as the transition to the new arrangements for the control of building activity continues to progress, these reforms will in time prove capable of transforming the culture of the construction industry in Ireland to one of improved compliance and quality.
21. Deputy Catherine Connolly asked the Minister for the Environment, Community and Local Government when he will be in a position to designate marine protection areas as required under Article 13.4 of the marine strategy framework directive; if legislation is necessary in the first instance; if so, when that will be introduced; and if he will make a statement on the matter. [18475/16]
Amharc ar fhreagraIreland intends to institute a network of Marine Protected Areas within our maritime area to protect vulnerable marine ecosystems and biodiversity as required by the Marine Strategy Framework Directive (MSFD). This network will incorporate existing and future maritime special areas of conservation established under the Habitats Directive and special protection areas designated under the Birds Directive for which my colleague, the Minister for Arts, Heritage and the Gaeltacht is responsible in the first instance. It will also incorporate specific marine protected areas created under the Common Fisheries Policy (CFP). These will be agreed at a regional level and may be located either fully or partially in Ireland’s marine jurisdiction. My Department will be working with my colleague the Minister for Agriculture, Food and the Marine and other member states in our CFP region to designate marine protected areas of this type.
While many such areas can be, and have been, established under existing legislation, there may also be a requirement for other types of marine protected area which do not readily fall within the ambit of existing statutes. These would require new enabling provisions in legislation. It is my intention to introduce such legislation at the earliest opportunity, within the context of the Government’s overall legislative priorities. This legislation will also formally identify special areas of conservation or protection under the Habitats and Birds Directives or under the CFP as Marine Protected Areas for the purposes of the MSFD.
In tandem with this, we need to identify what additional marine protected areas are required including what form they should take, where they should be located, and whether they should be local to Irish waters or transboundary in nature.
Identifying marine protected areas and developing the necessary legislation will require consultation with other relevant Government Departments and State agencies as well as other key stakeholders. These stakeholders include other EU member States, external scientific experts, NGOs and those who use the marine environment as appropriate. This process will also work in tandem with the development of any maritime spatial plans under the Maritime Spatial Planning Directive, for which my Department is also responsible.
23. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the responsibilities transferred to other Departments since the Government was formed and the funding that transferred with these responsibilities broken down by Department and the subheads, as published in the first volume of the Revised Estimates; the responsibilities that transferred into his Department broken down similarly; and if he will make a statement on the matter. [18458/16]
Amharc ar fhreagraThe Rural Affairs and Social Enterprise (Transfer of Departmental Administration and Ministerial Functions) Order 2016 took effect from 9 June 2016.
This Order provides for the transfer of certain community-related functions from my Department to the Department of Arts, Heritage and the Gaeltacht, which will be renamed as the Department of Arts, Heritage, Rural, Regional and Gaeltacht Affairs.
These functions relate to the LEADER programme; the CLÁR programme; the Town and Village Renewal Scheme; the Tidy Towns scheme; the Western Development Commission; the implementation of the report of the Commission on the Economic Development of Rural Areas; the dormant accounts fund and social enterprise.
The table sets out, pursuant to that Order, the functions and programme funds transferring from my Department’s vote as set out in the 2016 Revised Estimates Volume for Public Services:
|
Progamme Area |
Funds Transferred to DAHG (full year) € 000 |
|
|
|
|
Current |
Capital |
|
|
E.1 Administration Pay |
2,338 |
0 |
|
|
E.2 Administration Non Pay |
586 |
97 |
|
|
E.6 Dormant Accounts |
2,320 |
2,006 |
|
|
E.7 Western Development Commission |
1,488 |
1,000 |
|
|
E.8 National Rural Development Schemes |
4,000 |
3,383 |
|
|
E.9 Leader Rural Economy sub Programme |
0 |
40,000 |
|
|
E.12 Tidy Towns Competition |
1 |
0 |
|
|
E.15 Town and Village Regeneration |
0 |
4,000 |
|
|
E.16 Other Services |
0 |
6,000 |
|
|
Gross |
10,733 |
56,486 |
67,219 |
|
H7 Dormant Accounts A-in-A |
1,570 |
2,006 |
3,576 |
|
H8 Dormant Accounts A-in-A |
750 |
0 |
750 |
|
H9 LEADER |
4,000 |
4,000 |
|
|
NET |
58,893 |
Responsibility for environmental functions, including in relation to climate, waste, resource efficiency, air quality and environmental radiation policies will transfer to the Department of Communications, Energy & Natural Resources which will be renamed as the Department of Communications, Climate Action and Environment. The statutory transfer of functions process to give effect to these changes in respect of the environment portfolio is underway, with the aim of completing the transfer as soon as possible. As the transfer of these functions has not been formally completed, the Environment programmes are still reflected in my Department’s Estimate.
No new functions will be transferring into my Department.
24. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government the nature of legal advice both his Department and Irish Water have received relating to article 9.4 of the Water Framework Directive and the derogation within; and if he will publish this legal advice. [18489/16]
Amharc ar fhreagraSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Irish Water has established a dedicated team to deal with representations and queries from public representatives. They may be contacted via email at oireachtasmembers@water.ie or by telephone on 1890 578 578.
With regard to specific advice obtained in relation to Article 9 of the Water Framework Directive and water charges, my Department was informed by Ervia, as part of a general update on Irish Water matters, that Ervia had sought such advice. Ervia has provided my Department with a copy of the legal advice it obtained on the application of Article 9 of the Water Framework Directive. As this is advice obtained by Ervia, any question regarding its publication would be a matter for the company itself.
My Department has sought the advice of the Attorney General in relation to the Water Framework Directive and water charges and this issue is under examination by that Office. As would be normal with the drafting of legislation, the Office of the Attorney General has also been fulfilling an advisory role in relation to the Water Services (Amendment) Bill 2016, which is designed to suspend domestic water charges for a period of at least nine months from the end of the current Irish Water billing cycle.
The suspension period is to allow for the establishment of an Expert Commission to consider and make recommendations on the long term funding of public domestic water services by Irish Water. These recommendations will be considered by a Special Oireachtas Committee and the Oireachtas will then ultimately vote on the enduring funding model for such services into the future.
25. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if, in response to the Oireachtas committee report on housing and homeless, he has finalised the offer from the Irish League of Credit Unions of €2 billion with the Department of Finance and the Central Bank to facilitate the building of social housing; and if he will make a statement on the matter. [18299/16]
Amharc ar fhreagraThe agreed Programme for a Partnership Government recognises the potential role that credit unions can play in housing finance and supports the efforts of the Registrar of Credit Unions at the Central Bank to gradually lift current lending restrictions as appropriate, including for housing. The Programme further provides that we will investigate with all stakeholders how credit unions can support the delivery of social housing.
The Irish League of Credit Unions (ILCU) has set out a proposed means by which funding could be provided to Approved Housing Bodies, by credit unions, for the development of social housing. My Department has met with the ILCU on a number of occasions to address technical aspects of its proposal. The most recent meeting was on 13 April 2016.
The Central Bank commenced a number of new regulations for credit unions on 1 January 2016. Prior to their commencement, following careful consideration, the Central Bank made a number of modifications, including to Regulation 25(2), which makes reference to the fact that the Central Bank may prescribe, in accordance with section 43 of the Credit Union Act 1997, further classes of investments for credit unions which may include investments in projects of a public nature. The effect of these modifications is that regulation 25(2) now provides that investment in projects of a public nature can include, but are not limited to, investments in social housing projects.
I acknowledge the modifications made by the Central Bank and the willingness of credit unions to actively seek a role in financing the delivery of social housing.
Conscious of the independence of the Central Bank in its regulatory role in respect of credit unions, bilateral engagement has taken place between my Department and the Department of Finance to consider the potential regulatory and legislative implications of credit union involvement in the social housing sector.
My Department and the Department of Finance met with the Central Bank on 21 April 2016 to provide information of a technical nature in relation to social housing funding arrangements. This was with a view to assisting the Central Bank in understanding how these arrangements operate, as it deals with issues arising from proposals put forward for credit union investment in social housing.
My Department received an update from the Irish League of Credit Unions on its progress on 31 May 2016, and responded on 1 June 2016.
Ultimately, the funding mechanisms will have to be put in place in the first instance by the ILCU with the support of its members, and with the agreement of the Central Bank. I and my Department are happy to continue to contribute to this process by providing necessary technical advice and support.
26. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government to report on the performance and plans of Pobal in supporting local development and social enterprise jobs; and if he will make a statement on the matter. [18294/16]
Amharc ar fhreagraThe Government currently provides substantial funding to social enterprises through a range of programmes and schemes, many of which are implemented through the nationwide network of Local Development Companies, including the Community Services Programme, Community Employment Schemes, the Wage Subsidy Scheme for the employment of people with disabilities, public sector contracts through the HSE, and the Social Finance Foundation.
Pobal, on behalf of the Government, manages the Community Services Programme (CSP) and Dormant Account Fund Social Enterprise Measure. A total of 404 service providers are supported under the CSP to provide local social, economic and environmental services through the application of a social enterprise model of delivery. In 2016, the total allocation to service providers under CSP amounts to €42.53m. This contributes to the employment of 306 managers and 1,702 Full Time Equivalent (FTE) positions under the programme. A total of 27 projects are currently supported by the allocation of a Dormant Accounts capital grant with a total disbursement of €1,042,256.
In addition, my Department funds a number of programmes operating within communities including, for example, the Social Inclusion and Community Activation Programme (SICAP), which is one of my Department’s key priorities. SICAP has been rolled out since 1 April 2015 and it aims to tackle poverty and social exclusion through local engagement and partnership between disadvantaged individuals, community organisations and public sector agencies, and operates across the country. It is a key intervention for the harder to reach and is managed and overseen by the Local Community Development Committees in each Local Authority area. The SICAP horizontal principles are collaboration, community development and equality, and the programme is delivered in each area by local development companies and one community consortium (in Dublin Inner City area). The SICAP budget for 2016 is €37.5 million.
Pobal has been contracted by my Department to act as its agent with respect to the national management and oversight for the monitoring and evaluation of SICAP.
Further information regarding the performance of the programmes under the remit of my Department, such as the local and community development programme and its successor, SICAP, are contained at the following links:
https://www.pobal.ie/FundingProgrammes/Pages/Current.aspx (includes information on CSP, Dormant Accounts, SICAP and its predecessor the Local and Community Development Programme (LCDP).
https://www.pobal.ie/Publications/Documents/LCDP%20Final%20Report%202010-2015.pdf
https://www.pobal.ie/Beneficiaries/SICAP/Documents/SICAP%20Mid%20Term%20Review%202015(%20Programme%20Implementers).pdf.
27. Deputy Denise Mitchell asked the Minister for the Environment, Community and Local Government if he will offer compensation from the Local Government Fund in 2017 as was offered in 2016; the amount he will offer by local authority, in tabular form; if not, the funding deficit that each local authority will have to address; and if he will make a statement on the matter. [18505/16]
Amharc ar fhreagraThe Commissioner for Valuation is responsible for valuation matters, including the global valuation of property of public utility undertakings under Part 11 of the Valuation Acts 2001 to 2015.
The Valuation Acts 2001 to 2015 come under the remit of the Minister for Justice and Equality. This legislation provides for global valuations of utility undertakings to be carried out by the Valuation Office every five years and entered on the central valuation list. This can result in either increases or decreases to the relevant valuation. In 2015, the Valuation Office carried out global valuations for Gas Networks Ireland, Iarnrod Eireann and telecommunications companies BT Ireland, Eircom, Vodafone, Three Ireland and Meteor. In November 2015, the Valuation Office issued a copy of the Valuation Certificate and a schedule setting out the apportioned value for each rating authority to my Department. The previous valuation for these utilities had taken place in 2010. The Global Valuation Certificates showed a reduction in the combined valuations for these utilities of €112m. In addition, the reduction in the global valuation of the ESB, following an appeal to the Valuation Tribunal, reduced the rates payable by the ESB from 2016.
The timing of the global valuations in 2015 caused particular difficulties for local authorities as they were published at an advanced stage of the local authority budgetary process. In this regard, my Department engaged with the Department of Public Expenditure and Reform and it was agreed that there would be a once-off adjustment in support from the Local Government Fund in 2016 to local authorities affected by the global valuations. The additional allocation provided was on an exceptional and once-off basis, solely for the 2016 budgetary period.
The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority. As such, it is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources.
