Written Answers Nos. 278-284
278. Deputy Shane Cassells asked the Minister for Housing, Planning and Local Government the number, date of publication and details of post enactment reports published by his Department since March 2011, in tabular form; and if he will make a statement on the matter. [41568/19]
Amharc ar fhreagra279. Deputy Shane Cassells asked the Minister for Housing, Planning and Local Government the number of acts passed since March 2011 that his Department is responsible for; the date each act was signed into law; and if he will make a statement on the matter. [41584/19]
Amharc ar fhreagraI propose to take Questions Nos. 278 and 279 together.
Details of the primary legislation enacted since March 2011, for which my Department has or had responsibility, are set out in the following table. Some of these Acts, or parts of certain Acts, are no longer the responsibility of my Department due to subsequent changes in the functional responsibilities of Departments.
My Department has not published any post-enactment reports since March 2011.
Department of Housing, Planning and Local Government Primary Legislation Enacted from March 2011 to October 2019
|
Year |
Act |
Date |
|
2011 |
Electoral (Amendment) Act 2011 (Number 14 of 2011) |
25/07/2011 |
|
Environment (Miscellaneous Provisions) Act 2011 (Number 2 of 2011) |
02/08/2011 |
|
|
Local Government (Household Charge) Act 2011 (Number 36 of 2011) |
19/12/2011 |
|
|
2012 |
Water Services (Amendment) Act 2012 (Number 2 of 2012) |
02/02/2012 |
|
Motor Vehicle (Duties and Licences) Act 2012 (Number 10 of 2012) |
02/04/2012 |
|
|
Local Government (Miscellaneous Provisions) Act 2012 (Number 17 of 2012) |
08/06/2012 |
|
|
Dormant Accounts (Amendment) Act 2012 (Number 23 of 2012) |
11/07/2012 |
|
|
Electoral (Amendment) Act 2012 (Number 27 of 2012) |
18/07/2012 |
|
|
Electoral (Amendment) (Political Funding) Act 2012 (Number 36 of 2012) |
28/07/2012 |
|
|
2013 |
Water Services Act 2013 (Number 6 of 2013) |
20/03/2013 |
|
Electoral (Amendment) (Dáil Constituencies) Act 2013 (Number 7 of 2013) |
20/03/2013 |
|
|
Motor Vehicle (Duties and Licences) Act 2013 (Number 9 of 2013) |
28/03/2013 |
|
|
Non-Use of Motor Vehicles Act 2013 (Number 16 of 2013) |
04/06/2013 |
|
|
Housing (Amendment) Act 2013 (Number 22 of 2013) |
02/07/2013 |
|
|
Electoral, Local Government and Planning and Development Act 2013 (Number 27 of 2013) |
22/07/2013 |
|
|
Water Services (No. 2) Act 2013 (Number 50 of 2013) |
25/12/2013 |
|
|
Pyrite Resolution Act 2013 (number 51 of 2013) |
25/12/2013 |
|
|
2014 |
Local Government Reform Act 2014 (Number 1 of 2014) |
27/01/2014 |
|
European Parliament Elections (Amendment) Act 2014 (Number 2 of 2014) |
05/02/2014 |
|
|
Electoral (Amendment) Act 2014 (Number 8 of 2014) |
16/04/2014 |
|
|
Radiological Protection (Miscellaneous Provisions) Act 2014 (Number 20 of 2014) |
23/07/2014 |
|
|
Housing (Miscellaneous Provisions) Act 2014 (Number 21 of 2014) |
28/07/2014 |
|
|
Electoral (Amendment) (No. 2) Act 2014 (Number 24 of 2014) |
26/07/2014 |
|
|
Water Services Act 2014 (Number 44 of 2014) |
28/12/2014 |
|
|
2015 |
Environment (Miscellaneous Provisions) Act 2015 (Number 29 of 2015) |
27/07/2015 |
|
Urban Regeneration and Housing Act 2015 (Number 33 of 2015) |
28/07/2015 |
|
|
Motor Vehicles (Duties and Licences) Act 2015 (Number 41 of 2015) |
02/12/2015 |
|
|
Residential Tenancies (Amendment) Act 2015 (Number 42 of 2015) |
04/12/2015 |
|
|
Climate Action and Low Carbon Development Act 2015 (Number 46 of 2015) |
10/12/2015 |
|
|
Dublin Docklands Development Authority (Dissolution) Act 2015 (Number 55 of 2015) |
24/12/2015 |
|
|
Electoral (Amendment) Act 2015 (Number 62 of 2015) |
29/12/2015 |
|
|
Planning and Development (Amendment) Act 2015 (Number 63 of 2015) |
29/12/2015 |
|
|
2016 |
Electoral (Amendment) Act 2016 (Number 5 of 2016) |
24/07/2016 |
|
Water Services (Amendment) Act 2016 (Number 7 of 2016) |
26/07/2016 |
|
|
Planning and Development (Housing) and Residential Tenancies Act 2016 (Number 17 of 2016) |
23/12/2016 |
|
|
2017 |
Planning and Development (Amendment) Act 2017 (Number 20 of 2017) |
19/07/2017 |
|
Water Services Act 2017 (Number 29 of 2017) |
17/11/2017 |
|
|
Electoral (Amendment) (Dáil Constituencies) Act 2017 (Number 39 of 2017) |
23/12/2017 |
|
|
2018 |
Planning and Development (Amendment) Act 2018 (Number 16 of 2018) |
19/07/2018 |
|
2019 |
Local Government Act 2019 (Number 1 of 2019) |
25/01/2019 |
|
European Parliament Elections (Amendment) Act 2019 (Number 7 of 2019) |
12/03/2019 |
|
|
Residential Tenancies (Amendment) Act 2019 (Number 14 of 2019) |
24/05/2019 |
|
|
Local Government Rates and other Matters Act 2019 (Number 24 of 2019) |
11/07/2019 |
280. Deputy Catherine Murphy asked the Minister for Culture, Heritage and the Gaeltacht the status of progress of the Grand Canal greenway project between Sallins and Hazelhatch (details supplied); the timeline for completion of the project; and if she will make a statement on the matter. [41504/19]
Amharc ar fhreagraWaterways Ireland, which is funded by my Department, is working closely with Local Authorities and The National Transport Authority along the route of the Royal and Grand canals to advance development of the canal towpaths into long distance Greenways for walking and cycling.
In June 2019, The Minister for Transport, Tourism and Sport awarded Kildare County Council €1.7m under the Strategy for the Future Development of National and Regional Greenways for the development of a section of the Grand Canal Greenway from Aylmer Bridge to Sallins.
Waterways Ireland understands that a tender for the works is currently being prepared by Kildare County Council, with works due to commence in 2020 and completion expected by the end of 2021.
281. Deputy Willie Penrose asked the Minister for Culture, Heritage and the Gaeltacht the steps she will take to ensure that a person (details supplied) is paid the appropriate compensation for cessation of turf cutting; and if she will make a statement on the matter. [41513/19]
Amharc ar fhreagraAn application for compensation under the cessation of turf cutting compensation scheme was received by my Department from the individual referred to in the Deputy’s Question. With respect to 36 raised bog natural heritage area sites, the qualifying criteria for the scheme are that:
- The applicant must have had a legal interest (ownership or a turbary right (right to cut turf)) in one of these sites on 25 May 2010 and must have had the right to cut and remove turf from the property on that date;
- The applicant must have been cutting turf on the land in question during the relevant five year period up to 14 January 2014;
- The turf resource on the site has not been exhausted; and
- No turf cutting or associated activity is ongoing on the property.
I am advised that an onsite inspection of the plot of bog in respect of which the applicant has applied for compensation is scheduled to be carried out by Department officials in the coming weeks. My Department will be in a position to further process the application when this inspection has been completed.
282. Deputy Shane Cassells asked the Minister for Culture, Heritage and the Gaeltacht the number, date of publication and details of post enactment reports published by her Department since March 2011, in tabular form; and if she will make a statement on the matter. [41561/19]
Amharc ar fhreagra283. Deputy Shane Cassells asked the Minister for Culture, Heritage and the Gaeltacht the number of acts passed since March 2011 that her Department is responsible for; the date each act was signed into law; and if she will make a statement on the matter. [41577/19]
Amharc ar fhreagraI propose to take Questions Nos. 282 and 283 together.
I would refer the Deputy to replies given to the House in relation to previous question put down in relation to these matters: Dáil Questions No. 3006 of 23rd July 2019 and No. 285 6th December 2018.
Six Acts brought forward by my Department have been signed into law since 2011, details of which are set out in the table below.
|
Name of Act |
Date Act signed into law |
|
Wildlife (Amendment) Act 2012 |
24 July 2012 |
|
Acht na Gaeltachta 2012 |
25 July 2012 |
|
National Cultural Institutions (National Concert Hall) Act 2015 |
10 December 2015 |
|
National Archives (Amendment) Act 2018* |
14 July 2018 |
|
Heritage Act 2018 |
18 July 2018 |
|
Irish Film Board (Amendment) Act 2018 |
24th December 2018 |
*Act has not yet been commenced
The position in relation to post-enactment reports undertaken by my Department in respect of these Acts is set out below.
The purpose of the National Cultural Institutions (National Concert Hall) Act 2015 was to place the National Concert Hall on a statutory footing and provide for appropriate reporting and accounting to the Minister and onwards to the Oireachtas, while not impinging on curatorial independence. A post enactment report in respect of this legislation was lodged in the Oireachtas library on Monday 15 July 2019.
The Wildlife (Amendment) Act 2012, extended arrangements set out in the Wildlife (Amendment) Act 2010 regarding provisions that deemed all holders of valid firearm certificates issued for shotguns between August 1st 2009 and July 31st 2012 to be the holders of a hunting licence under the Wildlife Acts for the purposes of hunting game bird and hare species. Given that the practical effect of this change was considered minimal, it has not been considered necessary to undertake a post enactment report.
An tAcht na Gaeltachta 2012, provided for the introduction of a language planning process, primarily in Gaeltacht areas, as set out in the 20 Year Strategy for the Irish Language 2010-2030 and for changes in the size of, and method of appointment of members to, the board of Údarás na Gaeltachta. As the full impact of both of these provisions would only become fully evident over the course of an extended period the appropriate timing for the undertaking of a Post Enactment Report of this Act remains under consideration.
The conduct of post enactment reports in respect of the National Archives (Amendment) Act 2018, the Heritage Act 2018, and the Irish Film Board (Amendment) Act 2018, all of which were enacted in 2018, will also be considered in due course.
284. Deputy Micheál Martin asked the Minister for Culture, Heritage and the Gaeltacht if there are plans to designate An Sruthán Pier, Carraroe, County Galway as a cultural heritage asset; and if she will make a statement on the matter. [41592/19]
Amharc ar fhreagraMy role, as Minister, with regard to the protection and management of our built heritage is set out in the provisions of relevant legislation, as are the roles of local authorities and the responsibilities of owners.
Part IV of the Planning and Development Act 2000, as amended, provides for the protection of architectural heritage. The Act gives primary responsibility to planning authorities to identify and protect the architectural heritage by including relevant structures on the Record of Protected Structures (RPS). Inclusion on the RPS places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with development proposals affecting them and to seek to safeguard their future.
While there is no provision or process to designate a cultural heritage asset, as the Deputy suggests, my Department maintains the National Inventory of Architectural Heritage (NIAH), a State initiative to identify, record, and evaluate the post-1700 architectural heritage, uniformly and consistently, as an aid in the protection and conservation of the built heritage. Based on this survey, I recommend structures rated as being of regional importance or above to the planning authorities for inclusion on the RPS.
The NIAH surveys are intended to be representative of structures surveyed in a particular area and are not comprehensive. In this regard, the NIAH survey for County Galway included eleven piers, which would have been part of the Ministerial Recommendations to the Council for inclusion on their RPS. While An Sruthán pier was not included in the NIAH survey it remains the case that the making of an addition to, or a deletion from, the RPS for County Galway is a reserved function of Galway County Council.
In addition, under the provisions of the National Monuments Acts 1930-2014, my Department maintains the Record of Monuments and Places (RMP), which affords legal protection to over 120,000 recorded archaeological sites and monuments in the State. Anyone proposing works to a monument that is recorded must give my Department two months notice before works can start. I understand that An Sruthán pier is not on the RMP, however the National Monuments Service of my Department is currently investigating whether there are sites in the vicinity of the pier which may be of archaeological interest.
