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Wednesday, 3 Jun 2020

Written Answers Nos. 1139-1163

Social Welfare Payments Administration

Ceisteanna (1139)

Michael Healy-Rae

Ceist:

1139. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection if she will address a matter (details supplied) regarding fortnightly payments; and if she will make a statement on the matter. [9397/20]

Amharc ar fhreagra

Freagraí scríofa

My Department is very appreciative of all the work done by both An Post and the Postmasters in delivering essential welfare cash payments to the public in these difficult times.  Their efforts have maintained the delivery of social welfare payments while assisting with social distancing measures designed to combat the spread of the Coronavirus.

Fortnightly payments were introduced to minimise the need for people to attend and queue in banks or post offices to collect payments, so helping people restrict their movements to essential activities only.  These were introduced on a ‘payment in advance’ basis so people did not have to wait two weeks for a payment.

Some payments, such as Maternity Benefit, Paternity Benefit and Parental Benefit, which are paid exclusively into a customer’s bank account by Electronic Fund Transfer, have reverted to a weekly payment pattern.  However, no decision has yet been made on the reversion of other schemes to weekly payments, given the continued need to maintain social distancing.

The Department’s contractual relationship is with An Post and not with individual post offices.  I am advised that reimbursement of the post offices for welfare transactions made under this contract is therefore not a matter for my Department but wholly within the remit of An Post. 

The two-week payment cycle will be kept under review in the context of the current crisis and the need for social distancing and I look forward to a continuing excellent working relationship with An Post.

Carer's Allowance

Ceisteanna (1140)

John McGuinness

Ceist:

1140. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the status of an appeal for a carer’s allowance by a person (details supplied); when a decision will be expedited; and if she will make a statement on the matter. [9417/20]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision.  The person concerned was notified on 14 May 2020 of the Appeals Officer’s decision.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (1141)

John McGuinness

Ceist:

1141. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection when restrictions allow, if an oral hearing can be arranged for a person (details supplied). [9418/20]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision.  The person concerned was notified on 20 March 2020 of the Appeals Officer’s decision.

The Social Welfare Appeals Office has also advised me that an Appeals Officer has power under Section 317 of the Social Welfare Consolidation Act 2005 to revise any decision in the light of new evidence or new facts.  If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals Office for consideration.  As part of such consideration the Appeals Officer would determine whether an oral hearing would be appropriate, should the Covid-19 restrictions allow it to take place.

In addition, the Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.  A request for such a review by the Chief Appeals Officer may be made by writing to her at the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2.  

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (1142)

John McGuinness

Ceist:

1142. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection when restrictions allow, if an oral hearing can be arranged for a person (details supplied). [9419/20]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence decided to disallow the appeal of the person concerned by way of a summary decision.  The person concerned was notified on 25 March 2020 of the Appeals Officer’s decision.

The Social Welfare Appeals Office has also advised me that an Appeals Officer has power under Section 317 of the Social Welfare Consolidation Act 2005 to revise any decision in the light of new evidence or new facts.  If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals Office for consideration.  As part of such consideration the Appeals Officer would determine whether an oral hearing would be appropriate, should the Covid-19 restrictions allow it to take place.

In addition, the Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.  A request for such a review by the Chief Appeals Officer may be made by writing to her at the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2.  

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Covid-19 Pandemic Unemployment Payment

Ceisteanna (1143)

Gerald Nash

Ceist:

1143. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection the number of applications for the pandemic unemployment payment which her Department has rejected due to there being no record of the applicant's employment; the steps she will take to investigate those employers; and if she will make a statement on the matter. [9426/20]

Amharc ar fhreagra

Freagraí scríofa

The emergency Covid-19 Pandemic Unemployment Payment has been introduced as a time-limited emergency measure so that payments can be made as quickly as possible to the large number of people who have become fully unemployed due to the pandemic.

During the month of March, my Department received and processed jobseeker claims equivalent in number to a three year claim-load. These applications were processed as quickly as possible. To date, over 4.9 million payments have issued to just over 670,000 individuals at a cost of over €1.7 Billion.

Currently, the Department is focused on processing and managing payments to ensure that they continue to be made to all who qualify for them. The work involved in doing this is complex, with people joining and leaving the scheme each week, along with management of overlaps between the Covid-19 Pandemic Unemployment Payment and the Revenue Temporary Wage Subsidy Scheme.

As with all schemes, there is a balance to be struck between ‘ex ante’ checking of every claim in fine detail to absolutely verify its validity (a process which would be very time consuming and result in long payment delays) and ‘ex post’ validation of claims.  The Department conducts both ‘ex ante’ and ‘ex post’ checks on all its schemes to prevent fraud and error from entering the social welfare system in the first instance and, where it does, to detect instances as quickly as possible. 

Similar to other schemes, applications for the Pandemic Unemployment Payment are assessed in the first instance based on information provided by the claimant.  Where this information is incomplete or where it indicates that the person does not satisfy the eligibility conditions, the claim cannot be processed. In addition to a review of the information provided by the client, the Department has put in place a number of compliance checks to ensure that the payment of the Pandemic Unemployment Payment is only being made to those entitled to the income support.

To qualify for the Pandemic Unemployment Payment, a person must have been in employment immediately prior to 13 March 2020, and be in a position to provide evidence confirming this when requested. Cases where an employer has failed to return PRSI contributions in respect of an employee will be investigated by the Department. Where any employer is found not to be operating the PRSI scheme correctly the Department will use all of its powers to recover any outstanding monies due to the exchequer. Payment of the Pandemic Unemployment Payment may be made in the interim once there is sufficient evidence to confirm that the employment took place. 

If a person does not meet these requirements, they may be entitled to other supports under the supplementary welfare allowance scheme if they are experiencing financial hardship.

I trust that this clarifies the matter for the Deputy.

Fuel Allowance

Ceisteanna (1144)

Richard Boyd Barrett

Ceist:

1144. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if her Department will make available grants or extend current grants such as the fuel allowance to those workers aged 66 years of age and over who cannot access Covid-19 but are under serious financial stress; and if she will make a statement on the matter. [9499/20]

Amharc ar fhreagra

Freagraí scríofa

The Government has been seeking to implement and operate supports that are targeted where most needed, to ensure continued economic activity and reduce the risk of poverty.  In March, as part of these measures, I was delighted to be able to announce the extension of the Fuel Allowance scheme by four weeks until Friday, 8th May 2020.  At a cost of €36.61 million, the extension of the fuel season for over 370,000 existing eligible households was put in place, to ensure that the most vulnerable groups, particularly older people in receipt of State pensions, were provided with additional targeted financial supports.

Any further measures, for any section of society, will have to be considered in the context of the evolving advice from appropriate health authorities, the potential impacts of any measures taken on foot of such advice, the overall budgetary context and the availability of financial resources.

The primary State income support in respect of people who are aged 66 years or over is the State Pension – either the contributory State pension or the non-contributory pension, which is means tested. Those over 66 years do not pay social insurance contributions and can, if in receipt of State Contributory Pension, retain all of their State pension as well as their employment income.  Those people retain that pension if they lose employment, thus guaranteeing an income support.  People in receipt of a reduced rate of non-contributory or means tested pension who are also in receipt of an employment income may have their pension payment increased if they lose that employment income or if it is reduced. 

Recipients of State pension payments may, subject to satisfying eligibility conditions, have access to a range of additional supports including living alone increase, household benefits, telephone support allowance, free travel and free TV licence.

Further, my Department operates both Exceptional and Urgent Needs Payments as part of the Supplementary Welfare Allowance scheme for people of any age, who have an urgent need which they cannot meet from their own resources.  These payments are available through our Community Welfare Officers.

I trust this clarifies the position for the Deputy.

Question No. 1145 answered with Question No. 1094.

Citizens Information Services

Ceisteanna (1146)

Gary Gannon

Ceist:

1146. Deputy Gary Gannon asked the Minister for Employment Affairs and Social Protection the steps she is taking to ensure that the citizens’ information services, including the telephone service, the money advice and budgeting service and the national advocacy service for persons with disabilities, are sufficiently funded to maintain and expand their level of service which has been invaluable during the Covid-19 crisis. [9508/20]

Amharc ar fhreagra

Freagraí scríofa

The Citizens Information Board (CIB) is the statutory body responsible for supporting the provision of information, advice (including money and budgeting advice) and advocacy services to citizens on a wide range of public and social services. 

CIB funds 21 independent companies which deliver services to the public, including the network of Citizens Information Services and the Money Advice and Budgeting Service, the national Citizens Information Phone Service and the National Advocacy Service for people with Disabilities.  

CIB has coordinated a national Covid - 19 response across all of its service delivery companies at national and regional level and continues to work closely with the services as they adapt their customer service offering in light of the challenges arising as a result of the pandemic.

State funding of €61.77m has been allocated to CIB in 2020, from which its service delivery companies are provided with funding to deliver agreed services. CIB monitors and reviews budget allocations to these companies on an ongoing basis and any variations or adjustments to the allocations will be considered as part of my Department’s normal mid year review of CIB’s overall budget allocation for 2020. 

I  hope this clarifies the matter for the Deputy.

Covid-19 Pandemic Supports

Ceisteanna (1147)

Gary Gannon

Ceist:

1147. Deputy Gary Gannon asked the Minister for Employment Affairs and Social Protection if vulnerable persons who were not able to go on Covid-19 illness benefit previously are now eligible; and if vulnerable persons are entitled to two 14 day Covid-19 illness benefit terms. [9509/20]

Amharc ar fhreagra

Freagraí scríofa

Under the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1), and subsequent regulations, the Government, having regard to the manifest and grave risk to human life and public health posed by the spread of Covid-19, made exceptional provision in the public interest and to mitigate the effect of the spread of the disease to amend and extend the Social Welfare Acts to provide for entitlement to illness benefit for persons who have been diagnosed with, or are a probable source of infection with Covid-19.

The rate of payment of the enhanced Illness Benefit payment in respect of COVID-19 is higher than the normal maximum personal rate for a limited period.  The measures were designed to ensure that where a registered medical practitioner or a HSE medical officer diagnoses a person with COVID-19 or identifies him or her as a probable source of infection of COVID-19, that the person can comply with medical advice to isolate, while having their income protected.  This is essential to limit and slow down the spread of the virus, to keep the number of people affected to a minimum, and to reduce a peak of cases which would cause extreme pressure on the health system.

Medical practitioners are only authorised to submit medical certificates in respect of COVID-19 in respect of two very limited circumstances under the legislation.  These are for a person:

(i) who is diagnosed with COVID-19, or

(ii) who is a probable source of infection of COVID-19 and is self-isolating – such persons will have either been certified by their Doctor or will have received personal HSE notification (that is, where they are contact-traced or otherwise personally identified and advised by the HSE as being a probable source of infection).

The enhanced rate of Illness Benefit is payable for 2 weeks where a person is isolating as a probable source of infection of COVID-19 and up to 10 weeks where a person has been diagnosed with COVID-19. 

Where a person is not eligible for the enhanced rate, standard Illness Benefit payment may be payable subject to normal certification and eligibility criteria to a person with a serious health condition, where a medical practitioner certifies that a person is incapable of work due to the medical condition.

Covid-19 Pandemic Unemployment Payment

Ceisteanna (1148)

Gary Gannon

Ceist:

1148. Deputy Gary Gannon asked the Minister for Employment Affairs and Social Protection if clarity will be provided regarding one parent families in receipt of the pandemic unemployment payment and another social welfare payment regarding the measures expected to be enacted to claim some portion of this income back (details supplied). [9512/20]

Amharc ar fhreagra

Freagraí scríofa

The Department, in line with the overall Government response to this public health emergency, moved swiftly to put in place enhanced and new supports for existing customers and new customers who, as a result of COVID-19, are working reduced hours or who have lost their employment entirely – even if on a temporary basis.  A priority from the outset has been to ensure that income still flows into the households which need it most.  For example, the Pandemic Unemployment Payment can be paid concurrently with key supports for low income and lone parent families such as the Working Family Payment, One-Parent Family Payment and Jobseeker’s Transitional Payment.

As we gradually move through all the phases of reopening our society, we need to review the nature of the Pandemic Unemployment Payment - how it has been applied and how it fits into cross-Government plans to keep Ireland healthy and get the country working again. We are currently considering all of this but I would emphasise that any future decisions will be based on our commitment that everyone who needs help will get the most appropriate assistance.

Questions Nos. 1149 to 1151, inclusive, answered with Question No. 1123.

Covid-19 Pandemic Unemployment Payment

Ceisteanna (1152)

Gerald Nash

Ceist:

1152. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if she has taken steps to investigate suspected abuse of the pandemic unemployment payment by employers since its introduction particularly relating to the misclassification of workers as self-employed; the number of suspected breaches by employers reported and subsequently investigated; the way in which cases into suspected fraud by employers are ongoing as a result of these investigations; and if she will make a statement on the matter. [9570/20]

Amharc ar fhreagra

Freagraí scríofa

The Covid-19 Pandemic Unemployment Payment (PUP) Scheme was put in place to ensure that those people who lost their jobs as a result of the pandemic would receive an income support as quickly as possible. It is individuals who claim PUP, not employers, and it is open to those employed as an employee or on a self-employed basis.

The introduction of the PUP scheme was quickly followed by the establishment of the Covid-19 Temporary Wage Subsidy Scheme (TWSS), which is administered by the Revenue Commissioners. Application for payment under the TWSS is made by the employer and is paid to the employer.

While suspected abuse of the TWSS is a matter for Revenue, my Department is responsible for ensuring that PUP claimants meet the eligibility conditions. Where any individual claimant is found not to have been entitled to a PUP payment, the Department will use all of its powers to recover any outstanding monies due.

Additionally, it is expected that over the coming weeks and months the Department’s engagements with employers in relation to the operation of the PRSI system will be in a position to increase as restrictions are eased. This includes the investigation of employment status issues, in particular the misclassification of employees as self-employed.

I trust this clarifies the matter for the Deputy.

Question No. 1153 answered with Question No. 1060.

Social Welfare Schemes

Ceisteanna (1154)

Patricia Ryan

Ceist:

1154. Deputy Patricia Ryan asked the Minister for Employment Affairs and Social Protection if a trial of a basic income model will be supported; and if she will make a statement on the matter. [9732/20]

Amharc ar fhreagra

Freagraí scríofa

Universal basic income is a long-standing concept and argues for an unconditional transfer paid to everyone by the state in place of large parts of the existing social protection system.  In terms of taxation, the general concept assumes that the basic income payment would be tax-free and all other income would be taxed.  This would require significant amendment to both the welfare and income tax systems.

Advocates of the approach argue that it would remove the need for complex means-testing for benefit receipts; allow for a greater flexibility in managing work, family and other responsibilities; provide a degree of income security in fast-moving labour markets; and help to address inequality.

Basic income has been examined in Ireland on a number of occasions since the 1970s with a Green Paper on the topic produced by the Department of an Taoiseach in 2002.  More recently, research from the Organisation for Economic Co-operation and Development (OECD) noted that a universal basic income scheme would require large tax increases, provide less effective supports for the poor and could result in large numbers of people gaining and losing from its introduction.

The current system in Ireland ensures that the tax and social welfare system is continually reviewed, in the budgetary process and otherwise, in terms of its impact in redistributing income, while ensuring the maintenance of incentives for people to contribute to society through employment. 

The Department will continue to follow the outcome of experiments in this area to see if they provide any lessons that might be applied to aspects of the Irish system.

Departmental Advertising

Ceisteanna (1155)

Seán Sherlock

Ceist:

1155. Deputy Sean Sherlock asked the Minister for Employment Affairs and Social Protection the amount that has been spent on advertising in 2020 by her Department and its agencies on social media platforms (details supplied) in tabular form; and the name of each campaign advertised. [9837/20]

Amharc ar fhreagra

Freagraí scríofa

For the purpose of this response, we have interpreted “social media platforms” as solely these and no other form of digital advertising.

My Department administers over 80 separate schemes and services, which affect the lives of almost every person in the State. The Department is committed to ensuring that members of the public are fully aware of the welfare supports and services that are available to them.

Public information campaigns, including advertising on social media platforms, are an important part of this work. All campaigns are developed and targeted carefully in collaboration with our media buyer using the best mix of media formats to ensure that the Department’s messages reach members of the public effectively, while ensuring value for money.

Details of the spend* (ex VAT) on all social media platforms to date in 2020 is outlined as follows.

Campaign advertised  

Facebook/Instagram

Twitter

LinkedIn

Intreo (supports for Jobseekers and Employers)

€2,033.07

€984.00

€1,495.73

Return to Work (targeting those wishing to return to the workforce)

€2,762.50

€725.00

Nil

Parents Benefit

€426.99

Nil

Nil

Jobseekers Benefit for the Self-employed

€113.45

€42.87

€1,636.63

Jobs Week 2020

€155.17

Nil

Nil

COVID-19 Employment Supports and Pandemic Unemployment Payment

€1,860.00

€1,847.33

Nil

COVID-19 Temporary Wage Subsidy Scheme

€211.00

€140.06

Nil

*Amounts are those which have been invoiced to date. Additional invoices are still due on a number of these COVID-19 related campaigns.

My Department has not used Tic Tok, Google or Snapchat social media platforms for any of its 2020 advertising campaigns.

Rental Sector

Ceisteanna (1156)

Cian O'Callaghan

Ceist:

1156. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 1389 of 20 May 2020, the number of recommendations of the working group report on the regulation of short-term lettings that have been implemented; the number of recommendations outstanding; if a progress report on the outstanding recommendations will be provided; and if he will make a statement on the matter. [8964/20]

Amharc ar fhreagra

Freagraí scríofa

In June 2017 a Working Group was established involving representatives of all major public stakeholders with a policy interest in short-term lettings, to develop guidance in relation to planning applications, changes of use relating to short-term lettings and to examine the need for new regulatory arrangements. 

In October 2018, having considered the Working Group's report as well as the recommendations in the report on short-term lettings of the Joint Oireachtas Committee on Housing, Planning and Local Government, I announced plans to regulate the short-term letting sector and introduce a “one host, one home” model in areas where there is high housing demand. These new planning reforms came into effect on 1 July 2019.   

Where a person owns a property in a rent pressure zone which is not their principal private residence and intends to let it for short term letting purposes, s/he is required under the new arrangements to apply for a change of use planning permission unless the property already has a specific planning permission to be used for tourism or short-term letting purposes.

However, home-sharing continues to be permissible for a person’s primary residence. In addition, an annual cap of 90 days applies to the renting out on a short-term basis of a person's entire home where it is their primary residence, with such short-term lets restricted to periods of 14 days or less at a time.  Under these arrangements, people who wish to avail of the planning exemptions to use their own home for home-sharing or limited short-term letting purposes are required to register this with their local planning authority. These changes do not affect the operation of holiday homes as typically understood, or longer-term flexible lettings which are provided for those coming to Ireland under employment contracts. The purpose of the aforementioned changes to the planning code was primarily to address the longer term rental issues arising from the use of properties for short-term letting in designated rent pressure zones, which are areas of high housing demand.

The broader regulation of tourism activity, including the possible development of a new regulatory or licensing/ registration system for commercial platforms and short-term letting agents - as recommended in the final Working Group report - is beyond the scope of the planning code and my remit. 

 It will be a matter for the incoming Government to decide on any further actions it may wish to take in relation to the possible regulation of online platforms. 

As part of the immediate response to COVID-19, a number of properties formerly available as short-term lets were secured by local authorities to provide accommodation for households experiencing homelessness. The level of enquiries to local authorities indicates that there are a number of properties which have been previously rented as tourist accommodation.  Local authorities are engaging with property owners in relation to the use of such properties for longer-term social housing, including long-term leasing.  Given the number of households on the social housing waiting list, including the number of households in homeless emergency accommodation, it is important that as many of these properties as possible are converted from tourist accommodation to homes.  My Department is currently assessing the impact that the COVID-19 pandemic is having on the Short-Term Letting sector, and has asked the relevant local authorities to provide an update regarding same.

Covid-19 Pandemic Supports

Ceisteanna (1157, 1180)

Stephen Donnelly

Ceist:

1157. Deputy Stephen Donnelly asked the Minister for Housing, Planning and Local Government if the rates exemption applied to businesses that had to close also applies to businesses that have partially opened including hotels that provide a very limited service such as takeaway and food. [9051/20]

Amharc ar fhreagra

Neasa Hourigan

Ceist:

1180. Deputy Neasa Hourigan asked the Minister for Housing, Planning and Local Government his plans to cover the shortfall in funding that will be experienced by local authorities as a result of the non-payment of commercial rates due to Covid-19; and if he will make a statement on the matter. [8577/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1157 and 1180 together.

The levying and collection of rates are legally matters for each individual local authority. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes.

In order to support the local government sector, my Department is continuing to keep local authority income, expenditure and cash flow generally under review and will work with all local authorities on both collective and individual issues arising. In addition, my Department has engaged with the Departments of the Taoiseach, Public Expenditure and Reform, Business, Enterprise and Innovation, Employment Affairs and Social Protection, and Transport, Tourism and Sport in relation to commercial rates and local authority funding issues, as well as the role that local authorities may be in a position to play in supporting economic recovery.

To that end, on 2 May 2020, the Government announced that a waiver of commercial rates will apply to all businesses that have been forced to close due to public health requirements, from 27 March 2020, for a three-month period. These costs, expected to be €260m, will be met by the Exchequer. The administration by local authorities of this measure will be by way of a credit in lieu of commercial rates. My Department is currently preparing further guidance on the scope and application of the waiver for local authorities.

Government has also decided that the position following the end of the 3 month waiver will be reviewed at a later date, as part of a wider review of options to support enterprise and employment, and associated local authority funding implications, once the unwinding of public health restrictions has advanced. It is my intention, in the context of that review, that the waiver be extended for those businesses that are required to remain closed for a longer period.

Covid-19 Pandemic

Ceisteanna (1158)

Sorca Clarke

Ceist:

1158. Deputy Sorca Clarke asked the Minister for Housing, Planning and Local Government if it is permissible under the Covid-19 emergency legislation for landlords to move family members into properties rented to a third party. [9562/20]

Amharc ar fhreagra

Freagraí scríofa

With effect from 27 March 2020, under new emergency measures introduced into law to protect tenants during the COVID-19 emergency period, tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances. The measures also prohibit any increases to rent for the duration of the emergency period.  Initially, these emergency laws will last for a period of 3 months, but they may be extended if the Government considers it necessary. 

A notice of termination cannot be served for any reason during the COVID-19 emergency period, including where the landlord or his family wish to occupy the dwelling. All notices of termination which were served before the emergency period are suspended for duration of the emergency period. Accordingly, if on 27 March 2020, a tenant had 2 months left under a termination notice, he or she will still have 2 months left to run on that notice on the date of expiry of the emergency period.

Section 8 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 recognises that, prior to the emergency period, some tenants had been legally evicted including where a landlord or his or her family member intend to occupy the property but the tenants have nowhere to go during Covid-19 and remain in occupation in rental accommodation. Section 8 protects those tenants by allowing their continued occupation in the property subject to the same terms and conditions such as the obligation to pay rent, etc. However, an eviction can proceed in such circumstances if the Residential Tenancies Board (RTB) determines a dispute in favour of the landlord to allow such a termination. Section 8 is an emergency measure to curtail the movement of people during the emergency period.

Carrying out an illegal eviction, which includes prohibiting access to the property or making the property uninhabitable by disconnecting services, can result in damages of up to €20,000 being awarded to the tenant. The RTB can seek an injunction from the Courts to reinstate the tenant and will continue to prioritise these cases during the emergency period.

The RTB is encouraging all customers who may require assistance or advice, including in relation to any threatened eviction, to contact them via their web chat service as there may be delays to their phone lines during the emergency period. The webchat service can be accessed at the following link: https://onestopshop.rtb.ie/contact-us/. 

My Department recently published a Guidance Document on COVID-19 supports for landlords and tenants, which sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period.  The Guidance document is available at:  https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf and a list of Frequently Asked Questions has been developed and is available at: https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf 

Architects Register

Ceisteanna (1159)

Eoin Ó Broin

Ceist:

1159. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the register for architectural technicians. [8303/20]

Amharc ar fhreagra

Freagraí scríofa

Architectural Technologists are not currently classed as a regulated profession in Ireland. This means that there is no designated competent authority, which has the power to approve or restrict access to the profession in Ireland under national or EU law.

In early 2016, Quality and Qualifications Ireland (QQI) published Awards Standards for Architectural Technology award. The Awards Standards are designed to be used by:

(i) providers when designing new programmes and establishing minimum intended programme learning outcomes;

(ii) awarding bodies when validating new programmes; and

(iii) in the accreditation of programmes by the relevant professional bodies. They are also used by providers when reviewing their programmes.

In general, the regulation of professions is in the first instance a matter for industry representatives working in consultation with relevant industry stakeholders.  My Department has been engaging with the Chartered Institute of Architectural Technologists (CIAT) in relation to the establishment of a statutory register. In this regard, CIAT has identified that its preferred route is to set up a stand alone register for Architectural Technologists. As such, it is now a matter for CIAT to set up a register on an administrative basis in keeping with registers already in place for other professional groupings under the Building Control Act 2007 and in consultation with the relevant industry stakeholders. 

It is also worth noting that, depending on their personal background and experience, it may be open to persons who are Architectural Technologists, and who possess the requisite experience and competence in the design of buildings, to seek inclusion on either of the statutory registers in respect of Architects or Building Surveyors. A number of Architectural Technologists have already succeeded in gaining inclusion on the statutory registers to date and are thus in a position to act as Design Certifiers and Assigned Certifiers.

Fire Stations

Ceisteanna (1160)

Martin Kenny

Ceist:

1160. Deputy Martin Kenny asked the Minister for Housing, Planning and Local Government if assurance will be provided that the fire stations in Bundoran and Ballyshannon, County Donegal, will be retained to ensure the health and safety of both towns and surrounding communities; and if he will make a statement on the matter. [8305/20]

Amharc ar fhreagra

Freagraí scríofa

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts, 1981 and 2003.  My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and equipment.

My Department has channelled significant investment to fire authorities over the last number of years.  Donegal County Council, in partnership with my Department, has made substantial progress in modernising fire stations in the county. Twelve of the fifteen fire stations have been replaced following investment of some €11 million by my Department over the last decade or so.

In February 2016, my Department announced a five-year Fire Services Capital Programme with an allocation of €40 million, based on an annual €8 million allocation, to be used for the purchase of fire appliances and specialist equipment, building or upgrading of prioritised Fire Stations, an upgrade of the Communications and Mobilisation system and improvements to Training Centres.

My Department reviews the status of projects on the list on an annual basis, and adjustments, including some additions, are made to the published five year programme. This includes consideration of additional fire station projects from fire authorities which fit the normal fire station project criteria and where an appropriate business case is presented.

I am aware that the provision of a new fire station in South Donegal has been the subject of ongoing discussion. While a station is not included in the current five-year programme, my Department has indicated to Donegal County Council that it will consider a proposal for advancing a fire station project in the south of the county.

I understand that in 2018 the Council undertook a process to inform the preparation of a proposal for a fire station in the south of the county, with a view to its submission to my Department thereafter. My Department awaits receipt of this from the Council.

Homeless Persons Data

Ceisteanna (1161)

Niamh Smyth

Ceist:

1161. Deputy Niamh Smyth asked the Minister for Housing, Planning and Local Government the number of children and adults deemed homeless in counties Cavan, Monaghan and Louth and in each county nationwide in each of the past 12 months in tabular form; and if he will make a statement on the matter. [8325/20]

Amharc ar fhreagra

Freagraí scríofa

My Department publishes a monthly report on homelessness. The monthly report is based on data provided by housing authorities and produced through the Pathway Accommodation & Support System (PASS).  The report captures details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. Official homeless reports are published on my Department's website on a monthly basis and are available at the following link: http://www.housing.gov.ie/housing/homelessness/other/homelessness-data. While these monthly reports include a breakdown of adults at county level, details in relation to dependants are only available on a regional level.

Registration of Title

Ceisteanna (1162)

John Lahart

Ceist:

1162. Deputy John Lahart asked the Minister for Housing, Planning and Local Government his plans for the Land Registry to resume its function following the Covid-19 crisis; and if he will make a statement on the matter. [8350/20]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Property Registration Authority (PRA) is upscaling its operations on a gradual basis in line with Covid-19 recovery planning.  As part of a phased recovery plan, the PRA is implementing a graduated increase in the level of applications processed for registration.  New work practices and projects are being successfully incorporated into this phased increase.

Applications are being dealt with in order of priority.  However, urgent applications, such as cases in which a delay would hold up the sale of a property, are being processed expeditiously upon request on a case-by-case basis.  

The upscaling of operations will continue to be reviewed and implemented in line with recovery planning, the Roadmap for Re-opening Society and Business, the Return to Work Safely Protocol and public health guidance.

Seaweed Harvesting

Ceisteanna (1163)

Mairéad Farrell

Ceist:

1163. Deputy Mairéad Farrell asked the Minister for Housing, Planning and Local Government the funding streams available to support traditional seaweed harvesters in maintaining their boat and safety equipment; his plans to make funding available into the future for harvesters finding it increasingly difficult to ensure a sustainable, full-time livelihood out of managing and harvesting seaweed; the avenues available to individual traditional seaweed harvesters to voice concerns about the seaweed harvesting industry; and if he will make a statement on the matter. [8382/20]

Amharc ar fhreagra

Freagraí scríofa

As I recently outlined in my response to Question No 1265 of 13 May 2020, my responsibilities regarding seaweed are limited to the provisions of the Foreshore Act 1933 which, in terms of seaweed, involve my Department processing applications for the hand harvesting of seaweed which then come before me for determination. These responsibilities do not include either the promotion or economic development of the sector.

My Department has no funds available to support traditional seaweed harvesters in maintaining their boat and safety equipment.  Indeed, to have responsibility for the provision of such financial supports to a particular sector would be incompatible with my role in determining applications that come before me under the Foreshore Acts. However, such financial assistance may be available from other relevant bodies, such as Udaras Na Gaeltachta or Bord Iascaigh Mhara. 

My Department has secured funding under the European Maritime and Fisheries Fund for two seaweed research projects, which are being supervised by the Marine Institute. One project is focused on seaweed biomass assessments and the other on the socio-economic importance of seaweed. Both projects are in addition to ongoing work in the context of the National Marine Planning Framework.      

In terms of my responsibilities under the 1933 Foreshore Act, I have made myself available regularly to listen to the concerns of all players within the seaweed sector, including with representatives of traditional harvesters. I ensured that a representative of traditional seaweed harvesters was included on the Advisory Group on Marine Spatial Planning that has been established to facilitate participation in the National Marine Planning Framework process and is representative of all relevant stakeholders from the economic, environmental and social pillars.

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