Written Answers Nos 162-182
162. Deputy Bernard J. Durkan asked the Minister for Education and Skills if he will ensure the future of smaller rural denominational schools, the ethos of which may come under threat notwithstanding previous undertakings provided to minority religions and since the foundation of the State; and if he will make a statement on the matter. [25010/17]
Amharc ar fhreagraMy Department is very aware of the importance of small schools to rural communities and particularly the most dispersed and remote communities.
To sustain primary schools in these communities my Department has a more favourable staffing schedule for small schools that are more than 8km distant from the next nearest school of the same type of patronage and language of instruction. This measure is designed to provide rural communities with security about the future of their small schools.
With regard to school ethos, the government supports the concept of parental choice in our school system, whether that be a choice for denominational or multi-denominational education.
In regard to retaining small schools, a specific commitment is given in the Programme for a Partnership Government not to close any small school without the consent of parents. I am mindful of the concerns of small schools and will take these into account in considering any planning for future provision.
164. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which he expects the education system at all levels to be in a position to meet the skills demand in the workplace; the extent to which apprenticeships are likely to impact on the situation; and if he will make a statement on the matter. [25012/17]
Amharc ar fhreagraThe education and training system at all levels has a number of strategies in place to ensure we meet existing and future skills demands in the workplace. Among those strategies are the National Skills Strategy 2025 and the Action Plan for Education 2016-2019.
The Action Plan for Education 2016 – 2019 provides a key statement on the reform agenda across the education and training system. The Plan contains a range of actions to be implemented with particular focus on disadvantage, skills needs, and continuous improvement within the education service.
The National Skills Strategy 2025 has over 120 Actions involving over 50 stakeholders, the purpose of the Strategy is to provide a framework for skills development that will help drive Ireland’s growth both economically and societally over the next decade. Included in the actions in the Strategy is the creation of a new National Skills Council. The Council had its first meeting on the 15th May. The Council will oversee research and advise on prioritisation and delivery of identified skills needs. Skills information from the EGFSN, the SLMRU and the Regional Skills Fora will feed into the work of the Council.
Within the Further Education and Training (FET) sector, significant improvements have been made in the planning and funding of provision since the publication of the FET Strategy in 2014. Education and Training Boards engage in a service planning process annually against a range of detailed parameters set by SOLAS. This process has been refined and improved each year and includes the use of strengthened labour market data provided by the SLMRU to ensure that the skill needs of learners and enterprise are met.
In the Higher Education Sector, the primary objective of Springboard+ in 2017 is to provide upskilling and reskilling courses to develop the talent base in Ireland in key growth sectors of the economy, including ICT; hospitality; biopharma, medical device technologies and manufacturing; financial services; and entrepreneurship. This year the eligibility criteria has been expanded to include homemakers and those in employment who wish to upskill or reskill in specific high demand skills areas, that is, Biopharma/Med-tech.
The Action plan to expand apprenticeship and traineeship in Ireland 2016-2020 now sets out a clear pathway for developing new apprenticeships as well as targets for the development of new programmes. The Plan committed to a new call for proposals in 2017 to refresh the pipeline already established through the 2015 call, this second call for proposals was issued on 8 May. The Apprenticeship Council has prepared a handbook “Developing a National Apprenticeship” to accompany this second call. The plan also commits to examining the potential for public sector engagement with the apprenticeship system. The Insurance Practitioner Apprenticeship, the first of the new programmes developed through the Apprenticeship Council’s first call for proposals, launched in September 2016 and an Industrial Engineer Apprenticeship commenced in November 2016. 13 further new apprenticeships are due to launch later this year in various sectors including medical devices, polymer processing and financial services.
166. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which speech and language therapy continues to be available to persons with a specific requirement in Kildare north; and if he will make a statement on the matter. [25014/17]
Amharc ar fhreagraSpeech and Language Therapy Services are under the remit of my colleague, the Minister for Health and the service is provided by the Health Service Executive (HSE).
The Programme for a Partnership Government includes a commitment to introduce a new in-school Speech and Language Therapy service, creating stronger linkages between parents, teachers and Speech and Language Therapists. The programme also commits to bring the number of Speech and Language Therapists up to 1,102 (a 25% increase).
The Programme for a Partnership Government also contains a commitment to examine the adequacy of present policies and provision, and their scope for improvement, particularly in relation to speech and language difficulties and early intervention.
Officials at my Department are currently engaging with colleagues in the Department of Health and the HSE to develop a plan for the implementation of this commitment. The implementation plan will identify the actions to be taken and the specific timeframe for the delivery of this commitment.
As the Deputy's question is a matter for the Health Service Executive (HSE), it should be referred to the Department of Health for direct reply.
My Department continues to provide an extensive range of special educational supports for pupils with Specific Speech and Language Disorder (SSLD). This includes provision for the establishment of special classes for pupils with SSLD in primary schools.
Applications to establish such classes are considered by the school's assigned Special Educational Needs Organiser (SENO) and those meeting the criteria for establishment are approved by the National Council for Special Education (NCSE). The criteria for enrolment in a Special Class for pupils with SSLD is set out in my Department's Circular 0038/2007.
Speech and Language Therapy services are provided to these classes by the Health Service Executive (HSE). An Admissions & Discharges Committee, comprising the Speech and Language Therapy Manager, Speech and Language Therapist, Class Teacher and Principal oversee the allocation of placements to a SSLD class. Classes operate with a reduced pupil-teacher ratio of 7:1 and eligible pupils may spend up to two years in such classes. In general, children who meet the criteria for enrolment in special classes for pupils with SSLD are eligible for free transport to the SSLD class nearest to his or her place of residence, subject to the terms of the school transport scheme.
Pupils not enrolled in a special class for SSLD and who meet the criteria for Specific Speech and Language Disorder, as outlined in my Department's Circular, may qualify for additional teaching support under the School's Special Education Teaching Support provision, where he/she is enrolled in a mainstream school .
As such, pupils with Speech and Language Disorder (SSLD) may attend a local school with additional teaching supports with speech & language therapy provided through the HSE primary care service, or attend a special class for pupils with SSLD, with speech and language therapy services provided in class by the HSE.
Pupils with mild speech and language difficulties may qualify for supplementary teaching support from within the school's special education teaching support. It is a matter for individual schools to use their professional judgement to identify pupils who will receive this support and to use the resources available to the school to intervene at the appropriate level with such pupils.
168. Deputy Imelda Munster asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the fact that 22 acres of land which was a flood plain was rezoned for housing (details supplied) in Bettystown, County Meath, in 2005. [24832/17]
Amharc ar fhreagra169. Deputy Imelda Munster asked the Minister for Housing, Planning, Community and Local Government the mechanisms in place for the residents of a development (details supplied) should they be victims in the event of flooding, in view of the fact that the land was rezoned and planning permission was granted for the construction of the development. [24833/17]
Amharc ar fhreagra170. Deputy Imelda Munster asked the Minister for Housing, Planning, Community and Local Government if there are avenues open for recompense for residents of adjacent housing that experience an increase in flooding due to the construction of a development (details supplied). [24835/17]
Amharc ar fhreagraI propose to take Questions Nos. 168 to 170, inclusive, together.
The decision as to whether to grant planning permission in any particular case is a matter for the relevant planning authority in the first instance and for An Bord Pleanála in the event of an appeal.
In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies, including current guidelines issued by my Department under Section 28 of the Planning and Development Act 2000 (as amended).
In November 2009, my Department issued Guidelines for Planning Authorities on the Planning System and Flood Risk Management which are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk identification, assessment and management within the planning system. These Guidelines provide, inter alia, that development in areas at risk of flooding, particularly flood plains, should be avoided, unless there are wider sustainability grounds that justify appropriate development and where the risk can be reduced or managed to an acceptable level. The Guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended, and planning authorities and An Bord Pleanála are required to have regard to them in the performance of their functions.
With regard to the Deputy's question, Meath County Council has indicated that an objective to develop the lands in question for housing was included in the East Meath Local Area Plan in 2005. Moreover, when residential development of the subject lands was initially approved in 2009, a site specific flood risk assessment was submitted, which concluded that the proposed development was not deemed to be at significant risk of flooding from the adjacent river catchment or any of its tributaries. This assessment was fully considered by the planning authority, whose decision would have been open to full public scrutiny.
171. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government the number of pyrite free green certificates that have been issued in the past five years by area in tabular form. [24849/17]
Amharc ar fhreagra172. Deputy Louise O'Reilly asked the Minister for Housing, Planning, Community and Local Government the number of persons identified with grade 1 pyrite that changed to grade 2 in 2016. [24850/17]
Amharc ar fhreagraI propose to take Questions Nos. 171 and 172 together.
The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board, with support from the Housing Agency. The pyrite remediation scheme is a remedial works scheme of “last resort” and is limited in its application and scope to dwellings, which have significant damage attributable to pyritic heave.
All works under the pyrite remediation scheme are completed to the requirements of I.S. 398-2:2013 - Reactive pyrite in sub-floor hardcore material - Part 2: Methodology for remediation works by competent builders and are overseen by design professionals in accordance with the requirements of the Board and the Housing Agency.
At the end of the remediation works, each dwelling is provided with a Certificate of Remediation for Reactive Pyrite in Sub-floor Hardcore Material, which is completed jointly by the relevant builder and the design professional in accordance with Annex B to I.S. 398-2:2013. The certificate confirms that the dwelling has been remediated to the requirements set out in the national standard. A total of 701 dwellings have been completed under the scheme to date and are in the process of receiving certificates of remediation. Where a certificate of remediation has been provided in respect of a dwelling, a green certificate would be neither applicable nor required.
Neither the Pyrite Resolution Board nor the Housing Agency issue green certificates under the pyrite remediation scheme; green certificates relate to the testing of the subfloor hardcore material of dwellings in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. A green certificate is issued by a competent professional in respect of a dwelling where the hardcore is classified as Category A (negligible risk) and is shown not to be susceptible to expansion. Where a homeowner wishes to carry out testing on a dwelling in order to confirm the presence or otherwise of reactive pyrite in the subfloor hardcore material, the standard provides an objective, reliable and robust means by which such a dwelling can be tested and categorised by the homeowner.
With regard to the issue of properties with a Damage Condition Rating of 1, the Board is aware that 11 dwellings, which had a Damage Condition Rating of 1 when their building condition assessments were first completed, and which were refused under the scheme, have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme following the submission of new applications.
173. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the annual capital investment spent on wastewater treatment from 2000 to 2021 in tabular form; and the figure for the portion of this investment each year targeted at those agglomerations listed by the European Commission in its urban wastewater directive infringement proceedings from 2013, including the 38 currently with the ECJ. [24918/17]
Amharc ar fhreagraThe annual capital investment by my Department on waste water infrastructure from 2000 to 2013 is outlined in the following table. This represents the expenditure by the Department on the provision of waste water infrastructure through the Water Services Investment Programme. In line with policy for cost recovery for the provision of water services for non-domestic users, the relevant water authorities would have provided capital investment to meet the proportion of the costs related to those users. In general this would have been 20%-25% of total costs depending on the ratio of domestic to non-domestic demand driving the need for investment.
|
Year |
Water Services Investment Programme - Capital Investment in waste water infrastructure for 2000-2013 (€m) |
|
2000 |
295 |
|
2001 |
376 |
|
2002 |
351 |
|
2003 |
285 |
|
2004 |
230 |
|
2005 |
209 |
|
2006 |
239 |
|
2007 |
255 |
|
2008 |
240 |
|
2009 |
255 |
|
2010 |
284 |
|
2011 |
220 |
|
2012 |
150 |
|
2013 |
124 |
|
Total |
3,513 |
In addition, local authorities spent in the region of €4m to €10m per annum on smaller sewerage schemes, but these were largely for reasons of economic development.
The information requested with regard to the levels of capital investment each year in relevant agglomerations is not readily available. However, the data will be examined further and my Department will follow up with the Deputy if it is possible to provide relevant information.
Since January 2014, Irish Water is responsible for the delivery of public water and waste water services. Capital investment in waste water treatment infrastructure for the period 2014-2016 has been approved by the Commission for Energy Regulation (CER) and the figures below for those years have been provided by Irish Water. The figures provided do not include significant metering, suppressed maintenance and reactive maintenance costs. The figures are also exclusive of non-network costs which include establishment, IT and facilities costs.
|
Year |
Capital investment in waste water infrastructure (€m 2014 in 2014 prices, 2015 & 2016 in 2015 prices) |
|
2014 |
150 |
|
2015 |
168 |
|
2016 (provisional) |
199 |
The following table provides projected waste water capital expenditure as set out in the Irish Water Capital Investment Plan for the period 2017-2021. Again these figures are exclusive of non-network costs and they do not account for efficiency challenges to be set by CER.
|
Year |
Projected capital investment in waste water infrastructure (€m 2015 prices) |
|
2017 |
229 |
|
2018 |
318 |
|
2019 |
392 |
|
2020 |
403 |
|
2021 |
363 |
With regard to the level of investment required to achieve compliance in the 38 agglomerations cited, I am informed by Irish Water that the total projected capital investment in waste water infrastructure at these 38 agglomerations, for the period 2014 until full compliance is achieved, is now estimated to be in the region of €1.1 billion. However, this remains subject to change as projects are fully designed, tendered and delivered – and as issues with regard to sewer networks are better understood.
With regard to the information requested on agglomeration specific projected costs for the period 2014-2021, I understand that Irish Water are preparing material for the Joint Oireachtas Committee on Housing, Planning, Community and Local Government and that this information will include agglomeration specific projected costs.
174. Deputy Maureen O'Sullivan asked the Minister for Housing, Planning, Community and Local Government his views on whether Ireland is not proactive enough in protecting animals in regard to dog breeding establishments. [24974/17]
Amharc ar fhreagraThe regulation of dog breeding establishments is a matter for local authorities in accordance with the Dog Breeding Establishment Act 2010. Each local authority must maintain for public inspection a register of dog breeding establishments in its functional area, which must include the name and address of the applicant seeking entry onto the register, the address of the dog breeding establishment and the maximum number of breeding bitches that may be kept at the dog breeding establishment or premises.
The Dog Breeding Establishment Act 2010 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 the Department of Agriculture, Food and the Marine and the Local Authority Veterinary Service, was inaugurated in 2015 for the purpose of inspection and follow up action. 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, is a matter for the enforcement authorities concerned.
In late 2015, my Department agreed to begin a process of review of the current Dog Breeding Establishment Guidelines, under the auspices of the County and City Management Association Dogs Working Group. The work undertaken to date has been to produce a first draft revision of the Guidelines.
It was considered it essential to broaden the review of the Guidelines to a more formal public consultation, both for quality assurance and to address the need for openness and inclusiveness. A wide-scale formal public consultative process commenced on 1 December 2016 and closed on 28 February 2017. My Department is currently reviewing the feedback and data received through the process before submitting the findings to me.
More generally, the enforcement of welfare standards regarding all animals is a matter for the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013.
175. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government the procedures in place regarding oversight of work at the Poolbeg incinerator to record and detect level of pollutants leaking into the River Liffey. [24981/17]
Amharc ar fhreagraWhile neither I nor my Department have any direct role in overseeing the operation of the incinerator at Poolbeg, the Local Government (Water Pollution) Acts 1977 and 1990 carry a general prohibition on the entry of any polluting matter to waters. The Environmental Protection Agency (EPA) is the statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of local authorities, of environmental legislation in Ireland.
Operation of the Poolbeg Incinerator is subject to the conditions of the Industrial Emissions Licence issued by the Environmental Protection Agency (Register. No. W0232-01). The licence sets strict conditions and emission limit values to ensure that operation of the activity will not pose a risk to human health or the environment. The EPA is responsible for enforcing the conditions of the licence and I understand that EPA inspectors have been visiting the site regularly in recent months to ensure that all the necessary licence requirements are in place.
I also understand that Dublin Waste to Energy Ltd is required to undertake a rigorous test programme to demonstrate that all abatement and monitoring equipment is operating correctly and that the plant is operating in compliance with the Emission Limit Values (ELVs) specified in the licence. Dublin Waste to Energy Ltd is also required to establish and maintain a public awareness and communications programme to ensure that members of the public can obtain information at the facility concerning its environmental performance. The licensee is also required to make monitoring data available on-line; this will include real-time and summary emissions monitoring data.
176. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning, Community and Local Government when a decision will be made on an application which was submitted to his Department by Galway City Council in September 2016 for a foreshore licence for the provision of the Sáilín to Silverstrand coastal protection works and greenway; and if he will make a statement on the matter. [24990/17]
Amharc ar fhreagraThe detail of this application was provided to the National Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs as part of the prescribed body consultee process which all foreshore applications are subject to. On foot of concerns raised by the NPWS in relation to the proposed development, as outlined in the application, I requested in 2016 that Galway City Council prepare and submit a Natura Impact Statement (NIS) for this project. The NIS which comprises 150 pages (report and appendices) was submitted in September 2016. The NIS and the observations from the National Parks and Wildlife Service relating to the NIS are under consideration in my Department at present.
The Deputy will appreciate that it would not be appropriate for me to comment further at this time on an application that will come before me for determination.
177. Deputy Michael Moynihan asked the Minister for Housing, Planning, Community and Local Government the number of planners employed by the relevant local authorities in counties Cork, Kerry, Limerick, Tipperary and Clare respectively; and if he will make a statement on the matter. [24992/17]
Amharc ar fhreagraMy Department gathers quarterly data on staff numbers in local authorities. The data gathered does not provide detail in respect of the number of planners employed by the relevant local authorities in counties Cork, Kerry, Limerick, Tipperary and Clare and accordingly the information requested is not available in my Department.
Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for each individual Chief Executive to recruit and assign staff to specific functional areas.
178. Deputy Michael Moynihan asked the Minister for Housing, Planning, Community and Local Government the number of planning applications for individual houses that have been refused on the basis of house design in 2016 in counties Cork, Kerry and Limerick; and if he will make a statement on the matter. [24993/17]
Amharc ar fhreagraPlanning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website at the following link: http://www.housing.gov.ie/planning/statistics/planning-statistics-1.
These statistics include data in respect of each planning authority on the number and percentage of decisions to grant or refuse permission. However, the statistics gathered do not include information on reasons for refusal, as referred to by the Deputy.
179. Deputy Martin Heydon asked the Minister for Housing, Planning, Community and Local Government the options open to owners of sandpits who did not engage with their local authorities during the substitute consent period arising from the Planning and Development (Amendment) Regulations 2012 but are now trying to apply for planning permission for reinstatement of their sandpits without success; and if he will make a statement on the matter. [25044/17]
Amharc ar fhreagraThe July 2008 Judgment of the European Court of the Justice (ECJ) in case C-215/06 found that provisions of the Planning and Development Act 2000 (the 2000 Act) which permitted applications for planning permission to retain existing developments requiring environmental impact assessment (EIA) or appropriate assessment, were contrary to EU law. However, the Judgment recognised that EU law cannot preclude national rules providing for the regularisation of developments in exceptional circumstances, provided that this does not facilitate the evasion of EU requirements.
The 2000 Act was amended in 2010 to bring the provisions relating to planning applications for retention of certain development into line with the ECJ Judgment. In addition, section 261A was inserted into the 2000 Act in 2010, requiring each planning authority to examine all existing quarries in its functional area during a 9-month period to determine whether EIA, a screening for EIA or an appropriate assessment should have been, but was not, carried out. Where a planning authority determined that a quarry came within this category, the authority was required to make a further decision in relation to the quarry's planning status, including its registration status. Following from this, the planning authority had to either direct the quarry operator to apply to An Bórd Pleanála for substitute consent for the quarry under a new Part XA of the 2000 Act or take enforcement action requiring the quarry to cease operations.
In the case where a quarry has ceased operations following enforcement action, it is open to the quarry operator to consider seeking leave from the Board under section 177C to apply for substitute consent for the development under Part XA of the 2000 Act. Section 177C relates to existing or ongoing development generally and enables leave to be sought to apply for substitute consent where, among other situations, the applicant is of the opinion that, having regard to exceptional circumstances, such an application may be appropriate to permit the regularisation of the development. Section 177D(2) of the 2000 Act sets out the matters to which the Board must have regard in considering whether exceptional circumstances exist.
The substitute consent process under Part XA of the 2000 Act involves the preparation of a remedial environmental impact statement or a remedial Natura impact statement, or both as appropriate, stating the significant effects of the development on the environment or the European site concerned, the remedial or mitigation measures taken or proposed to be taken in relation to those effects and a timescale for the taking of such proposed measures.
180. Deputy Fergus O'Dowd asked the Minister for Housing, Planning, Community and Local Government the status of the proposed Drogheda northern cross route; if the plans have been amended recently due to the closure of Laurence's Gate to traffic; and if he will make a statement on the matter. [25047/17]
Amharc ar fhreagraI presume the Deputy is enquiring about the application for funding by Louth County Council for the above project under the Local Infrastructure Housing Activation Fund (LIHAF), which is aimed at relieving critical infrastructural blockages in order to enable the accelerated delivery of housing on key development sites in urban areas with high demand for housing.
A LIHAF call for proposals was issued to all local authorities in August 2016. It was open to all local authorities to apply for funding towards the capital cost of public infrastructure, which, when provided, would secure the early delivery of additional housing at considerable scale and more affordable price points, with developments in excess of 500 units in the Dublin area, or in excess of 200 units in areas outside Dublin.
21 local authorities submitted a total of 74 proposals in October 2016. On 28 March 2017, I announced funding for 34 projects under LIHAF. The total cost of these projects is €226.46 million, of which €169.65 million is to be funded under LIHAF with local authorities funding the remaining €56.81 million. These public infrastructure projects will be key to the delivery of 23,000 housing units over the next four years, with a longer term projection of up to 70,000 units as the selected sites are fully built out.
Louth County Council submitted three projects for consideration under LIHAF funding. LIHAF funding was approved for an access road in Newtown, Drogheda in the amount of €1.22m and an access road in Mount Avenue, Dundalk in the amount of €3.3m. However, while the Port Access Northern Cross Route (PANCR) in Drogheda was one of a number of proposals that merited funding, it was not possible to include the project in the March 2017 approvals, within the level of funding available. Qualifying proposals such as this one may be re-considered for LIHAF funding in the event that an approved proposal does not proceed or that additional LIHAF funding becomes available.
I understand from Louth County Council that the plans for the Port Access Northern Cross Route are not affected by the recent decision of Drogheda Municipal District elected members to agree to the closure of St. Laurence’s Gate to vehicular traffic. The Council has advised that the PANCR remains a priority project and a number of housing projects which are ready to progress in that area require the upgrading of the road infrastructure. The Council is currently examining options open to it to deliver the required infrastructure on a phased basis.
181. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government when he will publish the new wind energy guidelines.. [21870/17]
Amharc ar fhreagraSince May 2016, I have been liaising closely with my colleague Minister Naughten, having regard to his responsibility for renewable energy policy, on the review of the 2006 Wind Energy Development Guidelines relating to noise, setback distance and shadow flicker, recognising the need to bring the review to a close and provide certainty on the matter to all stakeholders, local authorities, the energy sector and the wider community.
In light of the commitment in the Programme for a Partnership Government to finalise the Guidelines and ongoing policy and legal developments in this area, my Department, in conjunction with the Department of Communications, Climate Action and the Environment, is continuing to advance work on the Guidelines and related matters in order to bring the various issues to a conclusion as early as possible.
Both Minister Naughten and I intend to provide a detailed update to the Government in the next few weeks, after which time I will be in a position to make a statement on the matter, outlining the proposed revisions to the Guidelines and the timelines for implementation of the various elements shortly.
It is important to mention that as part of the overall review, and having regard to the recent ECJ Judgement in a case relating to the Belgian/Wallonian wind energy guidelines, it is proposed to undertake a strategic environmental assessment (SEA) of the proposed revisions to the 2006 Guidelines before they come into effect. This is in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, the SEA Directive. SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.
In light of the SEA requirement, it is likely that while the proposals for revisions to the Guidelines will be available shortly, the Guidelines will not be finalised and come into effect until early 2018. In the meantime, the current Guidelines remain in force.
When finalised, revised Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions generally under the Planning Acts.
182. Deputy Noel Grealish asked the Minister for Social Protection if he will request the Office of the Chief State Solicitor to provide details of the spend by that office from initiation up to and including the European Court of Justice and to whom they were payable in a case (details supplied) arising from an investigation of complaints under Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer and the resultant contractual obligations that derive under the transposition of that directive by the Government. [24840/17]
Amharc ar fhreagraThe Chief State Solicitors Office has provided the following details of its expenditure on the case referred to by the Deputy.
|
Brian Murray SC |
€90,558.30 |
|
Eoin Carolan BL |
€82,480.74 |
|
Maurice Collins SC |
€64,993.54 |
|
Nathan Reilly BL |
€15,277.46 |
|
Stenographers fees |
€2,021.42 |
|
Foreign Travel |
€1,174.82 |
|
Travel |
€1,195.58 |
|
General Law Expenses ( Legal costs accountants) |
€1,753.98 |
|
Total |
€259,455.84 |
The plaintiffs have delivered a Bill of Costs which is being dealt with by the State Claims Agency.
I hope this clarifies the matter for the Deputy.
