Written Answers Nos. 619 - 638
619. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government the number of temporary Civil Service clerical officer appointments made in his Department from 1 January 2015 to 31 May 2017 by county, in tabular form. [29906/17]
Amharc ar fhreagraThe information requested is set out in the following table.
|
Year |
Total Temporary Clerical Officers Appointed |
Dublin |
Wexford |
|
2015 |
0 |
0 |
0 |
|
2016 |
4 |
2 |
2 |
|
2017 |
3 |
2 |
1 |
621. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government his views on media reports regarding an unpublished Government-commissioned fire safety report; if such a report exists; when it was completed; and when it will be published. [29920/17]
Amharc ar fhreagraIn July 2015, the then Minister for the Environment, Community and Local Government directed that a review be undertaken by an independent fire expert to develop a framework for general application, in the interest of supporting owners and residents living in developments where concerns regarding non-compliance with fire safety requirements arise. A steering group was convened to oversee the review.
The independent fire safety expert has completed his review and a report on the matter has been received by my Department. The report remains under consideration pending clarification of a number of issues at which point it is intended that the arrangements necessary for publication will be made.
622. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government his plans to tackle fire safety defects in housing developments following the recent Grenfell Tower tragedy in London; and if he will make a statement on the matter. [29921/17]
Amharc ar fhreagra623. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government the housing developments identified as having fire safety defects in each county, in tabular form; when these defects were identified; and the current fire safety status of these developments. [29922/17]
Amharc ar fhreagra624. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government the housing developments built during the boom which are at risk of rapid fire spread in each county, in tabular form; and if he will make a statement on the matter. [29923/17]
Amharc ar fhreagra634. Deputy John Brassil asked the Minister for Housing, Planning, Community and Local Government if the flammable cladding material used at Grenfell Tower, London, is banned for use here; if buildings here are fitted with this or similar material; if an audit will be carried out to ensure that this cladding or similar is not used on public or private buildings here; the provisions in place to ensure that concerns relayed by residents of buildings are taken into account and addressed; and if he will make a statement on the matter. [30074/17]
Amharc ar fhreagra640. Deputy Micheál Martin asked the Minister for Housing, Planning, Community and Local Government if the flammable cladding material used on Grenfell Tower is banned for use here in view of recent tragic events at Grenfell Tower, London; if buildings here are fitted with this or similar material; if an audit will be carried out to ensure that this cladding or similar has not been used on public or private buildings; the provisions that are in place to ensure that concerns relayed by residents of buildings are taken into account and addressed; and if he will make a statement on the matter. [30127/17]
Amharc ar fhreagraI propose to take Questions Nos. 622 to 624, inclusive, and 634 and 640 together.
My Department has overall responsibility for the statutory regulatory framework governing both Building Control and Fire Services. Inspection and enforcement and the maintenance of relevant registers are a matter for local authorities who, under the relevant legislation, are designated as Building Control and Fire Authorities in their respective functional areas and have extensive statutory powers of inspection and enforcement. Section 8(4) of the Building Control Act 1990 provides that a Building Control Authority may serve an Enforcement Notice requiring that such steps as are necessary to ensure compliance with the Building Regulations, including Part B – Fire Safety, be taken within a specified period. An Enforcement Notice may be served at any time up to five years from the completion of the Building Works. Under the Building Control Regulations, Building Control Authorities are required to maintain a register of any enforcement notices served by them, including brief particulars of the contents of the notice, which must be made available for public inspection.
Under the Fire Services Acts of 1981 and 2003 local authorities are designated as fire authorities in their respective functional areas and have extensive statutory powers of inspection and enforcement. Section 20 of the Act provides that the appropriate fire authority may serve a Fire Safety Notice on the owner or occupier of any building which appears to the authority to be a potentially dangerous building. Section 20 of the Act provides that a Fire Safety Notice in relation to a building may prohibit the use of the building, or a specified part of the building, unless or until specified precautions are taken to the satisfaction of the fire authority.
In response to the tragic fire in Grenfell Tower, the immediate focus of attention has been on life safety issues. In that context, I requested that each local authority, as a matter of urgency, review their multi-storey social housing units to ensure that all early warning systems, including alarm and detection systems and means of escape including corridors, stairways and emergency exits are in place and fully functional.
In order to raise awareness amongst private landlords, including landlords of households in receipt of social housing supports and rental assistance, the Residential Tenancies Board has been asked to remind all landlords of their statutory responsibilities and obligations as landlords to ensure that their properties fully comply with fire safety requirements. The RTB placed a notice to this effect on its website and will be writing individually to all registered landlords providing detailed information in the coming days.
A Building Control Management System (BCMS) alert was issued to all registered users of the BCMS to remind those involved in works to existing or new buildings of the need to remain vigilant in relation to compliance with the Building Regulations and in particular to Part B Fire Safety. It was issued to 57,000 registered users including builders, assigned certifiers, designers and owners.
I also met with Dublin’s Chief Fire Officer to discuss fire safety and life safety issues in light of the London tragedy. I also requested that the management board of the National Directorate for Fire and Emergency Management (NDFEM) convene and assess the readiness of the fire authorities to respond to emergencies. In response to this request, the NDFEM Board has confirmed to me that the recent report of the Directorate’s External Validation group found that the public are well served by the developed arrangements in place for fire services in Ireland, and concluded that the available evidence provides for confidence regarding the capability of fire services to respond to emergencies. A further meeting with all of the national Chief Fire Officers will be convened shortly.
Part D of the Building Regulations set out the requirements for the use of proper products and materials. For claddings, such as may have been used in Grenfell Tower, third party certification, for example Agrément Certification is a means of demonstrating how they can meet the requirements of the Building Regulations. These certificates provide guidance on the installation, suitability for use and the fire performance of the cladding, among other issues.
While we await the report and conclusions of the promised statutory public inquiry into the Grenfell Tower fire, the United Kingdom Department of Communities and Local Government has confirmed that cladding using a composite aluminium panel with a polyethylene core would be non-compliant with current Building Regulations guidance as this material should not be used as cladding on buildings over 18m in height. I can confirm that the same restrictions apply under Irish Building Regulations.
I have tasked the National Directorate for Fire and Emergency Management with co-ordinating a high-level Task Force to lead Ireland’s re-appraisal of fire safety in the wake of the Grenfell Tower fire. The further issues to be considered, in addition to those outlined above, include:
- The preliminary survey of the use of cladding products on residential buildings over 18m (6 storeys) being undertaken by fire services in Dublin is to be extended to the rest of the country and to cover buildings in all categories over 18m in height. The results to be reported to my Department by 19 July.
- My Department is to meet with the local authority Chief Fire Officers in the coming weeks to review current activities and to plan for further fire safety initiatives in prioritised areas of action.
- Responsibility for fire safety in buildings of all kinds (other than dwellings) is placed by Section 18 (2) of the Fire Services Act 1981 on the ‘person having control’ of each building. In order to assist those in both the public and private sector who hold this responsibility, consideration is being given to the publication of a guide on undertaking Fire Safety Assessments as provided for in Section 18 (6)(a) of the Act. This will facilitate persons having control of buildings to demonstrate that they are complying with their statutory responsibilities.
- I will be updating my Cabinet colleagues on the post Grenfell Tower fire situation and highlighting the implications of fire safety responsibilities in buildings across all sectors, both public and private.
- A renewed focus is to be placed on the preparations of local authorities, working with the Principal Response Agencies and others, for large scale evacuation and operation of rest centres under the aegis of the Framework for Major Emergency Management.
- I will consider all issues emerging, including regulatory arrangements, in line with developments.
625. Deputy John Curran asked the Minister for Housing, Planning, Community and Local Government if he will arrange to have a full fire inspection carried out at a location (details supplied); and if he will make a statement on the matter. [29931/17]
Amharc ar fhreagraFire Services are a local government service and responsibility for statutory fire prevention and building control functions rests with the relevant local authority. In the case of the development in question, the appropriate fire authority is Dublin City Council and direct contact can be made with Dublin Fire Brigade Headquarters at Townsend St, Dublin 2 in relation to fire safety issues, including requests to carry out a fire safety inspection of any individual building.
Local authorities have extensive powers of inspection and enforcement under the Building Control Act 1990 and the Fire Services Acts 1981 and 2003, all of which may be relevant in relation to fire safety arrangements in residential buildings, other than those specifically excluded.
Details in relation to inspections and notices issued by fire services up to 2015 are available on my Department's website at the following link; 2016 information should be available shortly. http://www.housing.gov.ie/sites/default/files/publications/files/2015-fire_prevention_statistics.xls.
627. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the data officials from his Department or those officials involved in the short-term letting working group have requested from a company (details supplied); when this information was requested; and if this data has been provided. [29993/17]
Amharc ar fhreagraAction 18 of the Strategy for the Rental Sector requires the establishment of a Working Group to provide clarity in relation to the appropriate regulatory approach, from a planning perspective, for short-term tourism-related lettings to address unintended consequences of short-term lettings, including withdrawal of supply from the rental market.
The Working Group met on 14 June and had a constructive discussion on the subject of appropriate guidance to planning authorities in relation to short-term lettings for tourism purposes. The Group consists of representatives from my Department, the Departments of Finance and of Jobs, Enterprise & Innovation, An Bord Pleanála, Fáilte Ireland, the Residential Tenancies Board, and Dublin City Council.
The output of the Group will be a report on the appropriate regulatory approach for short-term tourism-related lettings and the identification of the necessary amendments to legislation required to effect such regulation.
In addition to establishing a working group to consider short-term lettings, my Department has been engaging with AirBnB over the last number of months to explore the possibilities for a collaborative agreement, under which practical steps may be put in place to ensure that, where there are risks that short-term letting may result in the removal of significant numbers of properties from the rental market, planning requirements are respected. Among the issues under discussion are matters relating to data generation, availability and sharing. We are continuing these engagements with a view to agreeing a Memorandum of Understanding in the coming weeks, and will be better positioned at that point to report on the information shared with my Department.
628. Deputy Catherine Martin asked the Minister for Housing, Planning, Community and Local Government if section 13 of the Planning and Development Act 2000 is an executive or reserved function; and if he will make a statement on the matter. [30004/17]
Amharc ar fhreagra629. Deputy Catherine Martin asked the Minister for Housing, Planning, Community and Local Government if a resolution to require a particular action to be carried out under section 140 of the Local Government Act 2001 can be applied to a variation to a development plan under section 13 of the Planning and Development Act 2000; and if he will make a statement on the matter. [30005/17]
Amharc ar fhreagraI propose to take Questions Nos. 628 and 629 together.
Under the provisions of Section 131 and Schedule 14 of the Local Government Act 2001 (as amended), reserved functions include the making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority.
In the case of a variation of a development plan under Section 13 of the Planning and Development Act 2000 (as amended), such reserved functions would relate to the making of the variation under Section 13(6).
Moreover, under the provisions of Section 52 of the Local Government Act 2014, introduced on foot of certain recommendations of the Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal), Section 140 of the Local Government Act 2001 was amended to exclude resolutions in respect of any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000 (as amended).
Therefore, it is not appropriate to utilise Section 140 of the Local Government Act 2001 (as amended) to require the initiation of a development plan variation.
630. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government the number of occupied properties in County Dublin that have fire safety notices; the address and date of issue of the fire safety notice for each property; the immediate measures his Department will be taking to make these tenants and buildings safe; and if he will make a statement on the matter. [30011/17]
Amharc ar fhreagra632. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government the way in which a fire safety notice can be issued on a property for almost one year while persons still occupy the building and no remedial works had taken place; and if he will make a statement on the matter. [30013/17]
Amharc ar fhreagraI propose to take Questions Nos. 630 and 632 together.
Under the Fire Services Acts of 1981 and 2003 local authorities are designated as fire authorities.
Section 20 of the 1981 Act provides that the appropriate fire authority may serve a Fire Safety Notice on the owner or occupier of any building which appears to the authority to be a potentially dangerous building. Section 20(2)(a) of the Act provides that a Fire Safety Notice in relation to a building may prohibit the use of a building or part of a building for any of the purposes specified in the notice. Section 20(2)(b) of the Act provides that a Fire Safety Notice in relation to a building may prohibit the use of the building, or a specified part of the building, for any of the purposes specified in the notice unless or until specified precautions are taken to the satisfaction of the fire authority; whether by the provision in the building of specified appliances or fittings or by the execution of specified structural alterations or additions to the building, or by the removal from the building of furniture, furnishings, fittings or any other material or thing, or by the doing in relation to the building or its contents of any other thing whatsoever.
Section 20(6) of the Act provides that a Fire Safety Notice may specify a time-frame under which remedial actions, such as those set out above, must be completed. Failure to comply with the requirements of a Fire Safety Notice is an offence under the Act and any person found guilty may be subject to a range of penalties as set out in the Act.
Section 20(8) of the Act provides that each fire authority shall keep at its offices a register of Fire Safety Notices served by it and the register shall be open to inspection by any person at all reasonable times. Information on the details of Fire Safety Notices served by local authorities are not held by my Department but may be obtained directly from the relevant local authority.
In an immediate response to the Grenfell Tower tragedy, I have requested that a number of specific measures be taken that have implications for tenants and building owners;
- I have requested that all local authorities review their multi-storey social housing units to ensure that all early warning systems, including alarm and detection systems, emergency lighting and means of escape including corridors, stairways and emergency exits are fully functional and in place. Life safety must be our first concern.
- In terms of raising awareness across landlords, including landlords of households in receipt of social housing supports and rental assistance, I have asked the Residential Tenancies Board to notify all landlords of their responsibilities and obligations as landlords in terms of ensuring that their properties fully comply with fire safety requirements.
- A Business Control Management System (BCMS) alert was issued to all registered users of the BCMS to remind those involved in works to existing or new buildings of the need to remain vigilant in relation to compliance with the Building Regulations and in particular to Part B Fire Safety. This was issued to 57,000 registered users including builders, assigned certifiers, designers and owners.
631. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government the location to which 20 persons from a location (details supplied) will be moved in view of the evacuation of the property over fire safety concerns; and if he will make a statement on the matter. [30012/17]
Amharc ar fhreagraUnder the Fire Services Acts, local authorities are designated as fire authorities and as such may serve a Fire Safety Notice on the owner or occupier of any building which appears to the authority to be a potentially dangerous building. A Fire Safety Notice may specify a time-frame under which remedial actions must be completed and failure to comply with the requirements of a Fire Safety Notice is an offence under the Acts and any person found guilty may be subject to a range of penalties, as set out in the Acts. Information on the details of Fire Safety Notices served by local authorities are not held by my Department but may be obtained directly from the relevant local authority.
In relation to the case cited by the Deputy, I understand that the receiver is making arrangements for both the provision of alternative accommodation and the presence of Fire Marshals, 24 hours a day, at the property in question to monitor any possible issues. Consequently, the issue of the housing authority meeting short-term accommodation requirements or addressing longer-term social housing needs, does not arise.
633. Deputy Thomas Byrne asked the Minister for Housing, Planning, Community and Local Government if he will provide the safety certificates that his Department has received in respect of funfairs in County Meath in 2016 and to date in 2017. [30052/17]
Amharc ar fhreagraThe number of safety certificates received by my Department in relation to funfairs in County Meath for 2016, and to date in 2017, is set out in the following table.
Due to the voluminous number of certificates, a copy of each certificate is being forwarded under separate cover.
Fairground Safety Certificates - County Meath
|
Year |
Number of Certificates Received |
|
2015 - 2016 |
54 |
|
2016 - 2017 |
62 |
|
2017 - 2018 |
19 |
635. Deputy Joan Collins asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 23 of 25 May 2017, and in particular the second last paragraph which refers to action 12 of the strategy for the rental sector, if the report is scheduled for the fourth quarter of 2017; and if he has a target date of the third quarter of 2017. [30086/17]
Amharc ar fhreagra636. Deputy Joan Collins asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 23 of 25 May 2017, and in particular the second paragraph which refers to action 12 of the strategy for the rental sector, the persons who are on this expert group; the terms of reference of the group; and if an organisation (details supplied) has been asked to be on it. [30087/17]
Amharc ar fhreagra637. Deputy Joan Collins asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 23 of 25 May 2017, in particular the second last paragraph which refers to action 12 of the strategy for the rental sector, the scale of the cost of the rental agency being considered; and his views on whether it should be aiming at €10,000 to €20,000 per annum. [30088/17]
Amharc ar fhreagra638. Deputy Joan Collins asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 23 of 25 May 2017, in particular the reference to action 12 of the strategy for the rental sector, if it will be a semi-State company that progresses the cost rental model; and if he will make a statement on the matter. [30089/17]
Amharc ar fhreagraI propose to take Questions Nos. 635 to 638, inclusive, together.
The Strategy for the Rental Sector, published in December 2016, noted that the Programme for a Partnership Government contains a commitment to develop a "cost rental" option, taking account of work already completed in this area, including by NESC and others.
In line with this commitment, Action 12 of the Strategy for the Rental Sector provides that my Department will lead an expert group to develop a cost rental model for the Irish rental sector, addressing issues such as funding mechanisms, the need to grow the necessary institutional capacity, particularly within the AHB and not for profit sector (whether through mergers, new entrants or strategic partnerships), rent levels, the households to be targeted and the appropriate regulation mechanisms. The expert group will assess the benefits that a larger and more developed not-for-profit segment would bring to the rental sector and the housing system, and examine the feasibility and effectiveness of different approaches to achieve the desired change.
The expert group will consider various proposals, including the proposal to establish a semi-State company to progress the cost rental model, in the course of its work.
It is my intention to establish this Expert Group in the coming weeks and the development of a proposal regarding its membership and terms of reference is currently being prepared in my Department.
In relation to the Deputy’s question on whether there is a target date for the Expert Group, the Strategy sets out ambitious target dates for delivery and the target date for delivery of a preliminary report from the Expert Group is Q4 2017.
