Written Answers Nos. 66-85
66. Deputy Brendan Smith asked the Minister for Finance if consideration will be given to the requests of the beauty sector to have the VAT rate reduced in view of the ongoing difficulties encountered by this industry, in the forthcoming Finance Bill; and if he will make a statement on the matter. [32254/20]
Amharc ar fhreagraThe VAT rates applying in Ireland are subject to the requirements of EU VAT law with which Irish VAT law must comply. While hairdressing services will apply the 9% rate from 1 November, services consisting of the care of the human body, including beauticians, are subject to the 13.5% rate.
This arises from the fact that many of goods and services to which Ireland applies a reduced rate of VAT, including services related to care of the human body, have their basis under an EU derogation that provides that as Ireland applied a reduced rate to these items on 1 January 1991, we are entitled to continue applying that reduced rate to those items. However, this is conditional on the rate being no less than 12%. These are known as ‘parked’ items, and are provided for under Article 118 of the EU VAT Directive. As the services provided by beauticians are part of these parked items, it is not possible for Ireland to apply the rate of 9% to them.
67. Deputy Holly Cairns asked the Minister for Finance the amount of fines the State is paying weekly since 1 January 2020 to the European Commission relating to cases for infringements of EU law in tabular form; and if he will make a statement on the matter. [32263/20]
Amharc ar fhreagraIn relation to my Department only, I can confirm that no such fines – as outlined in the Deputy’s question - have been paid since 1 January 2020. As advised to the Deputy's Office, similar information from other Departments needs to be sourced directly.
68. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform the status of and a completion date for construction works at the new Bailieborough Garda station; and if he will make a statement on the matter. [25983/20]
Amharc ar fhreagraIt is expected that the preparation of tender documentation will be completed shortly. Consultations will then be required with the Department of Justice and the Garda authorities prior to a decision to advance to the invitation of tenders from construction contractors. Following award of a contract construction will take about 18 months to complete.
69. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform if his Department has ownership of an asset (details supplied) following the dissolution of a community based company; and the details of the procedure for a community group to apply for ownership of that asset. [32105/20]
Amharc ar fhreagraI understand from my officials that Section 28(2) of the State Property Act 1954 provides that land held by a company at the time of its dissolution devolves to the State in the name of the Minister for Public Expenditure and Reform. An exception to this is where the land was held in trust for another.
It should be noted that the Minister's interest is defeasible by company restoration. Section 738 of the Companies Act 2014 provides for the restoration of a company to the Companies Register and Section 738(3) provides that a company shall be deemed to have continued in existence as if it had not been struck off the Register. Restoration of the company is the direct way to put the property back in the ownership of the company.
Section 31 of the State Property Act 1954 provides for the waiver by the Minister for Public Expenditure and Reform of the State's interest to a person, if he thinks it would be proper in all of the circumstances.
The Office of Public Works, advised by the Chief State Solicitors Office, processes applications for waivers on behalf of the Minister. The applicants are advised to seek independent legal advice in this matter.
70. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if the Commissioner for Environmental Information sought an order for costs in respect of cases (details supplied) in cases in which it succeeded or the other party withdrew the appeal; if an order for costs was granted the amount of legal costs recovered in each case; and if he will make a statement on the matter. [32153/20]
Amharc ar fhreagraI am informed by the Commissioner for Environmental Information that costs have not been sought in this matter having regard to the special costs rules, as provided for in the Environment (Miscellaneous Provisions) Act 2011.
Section 3(1) of the 2011 Act provides that, in certain environmental cases including proceedings concerning the AIE Regulations, the general rule is that each party must bear its own costs.
The Commissioner upholds the spirit of the special costs rules, which is to allow access to justice in matters relating to the environment. Costs have therefore not usually been pursued, unless the Commissioner believes that section 3(3) of the 2011 Act applies to the circumstances of the case. Section 3(3) provides that in some specific circumstances, a Court may award costs where the Court deems this to be appropriate.
71. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform if he will review the current cost-benefit analysis criteria for flood relief works; his plans to provide a separate CBA for turlough flooding; and if he will make a statement on the matter. [32205/20]
Amharc ar fhreagraI am advised by my Office that it in the process of commissioning a scoping report on options and recommendations, within the parameters of the Public Spending Code, for the future economic appraisal of investment in capital flood relief schemes. This scoping report will help to inform consideration by the OPW of the circumstances in which the traditional economic appraisal of cost benefit analysis, while still desirable may not, as currently calculated, reflect all benefits and may not be applicable in all locations and circumstances for the OPW’s future investment in flood relief schemes.
72. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform the measures which the OPW plan to take to address the flooding of homes and farmland at Lough Funshinagh, County Roscommon; and if he will make a statement on the matter. [32235/20]
Amharc ar fhreagraI am advised by my Office that, following severe flooding during the winter of 2015/2016, Roscommon County Council applied, in 2018, to the Office of Public Works for funding to undertake a study at this location under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme. Approval and funding was given and Roscommon County Council subsequently appointed Malachy Walsh and Partners to carry out this commission. The report was submitted to the Office of Public Works who carried out a review in July 2020. The outcome of this review determined that:
- The study looked at seven possible flood mitigation measures, of which six fall below a cost-benefit of 1:1, and these are therefore not deemed to be cost effective.
- There was significant uncertainty that the other possible scheme would solve the flooding effectively for the property in question, and the property is likely to remain at residual risk of flooding. There is no cost effective solution to manage this residual risk, with the current emergency management of flood levels being managed by pumping. This option is therefore not considered to be economically or environmentally sustainable.
- Following the OPW’s review of the Flood Analysis Report on Lough Funshinagh, the property-owners who have applied for the Voluntary Homeowners Relocation Scheme will now be advanced through this scheme.
The Office of Public Works also understands, however, that there will remain a risk of possible prolonged flooding around the Lough, and have advised that it remains open to Roscommon County Council to make an application under the Minor Works Flood Mitigation Scheme should further measures be identified in the future that meet the scheme criteria to mitigate flooding.
A meeting is to take place shortly between Roscommon County Council and officials in the Office of Public Works.
73. Deputy Thomas Gould asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if gyms can remain open for individual training under level 4 restrictions as per the Living With Covid-19 Roadmap; and if she will make a statement on the matter. [32212/20]
Amharc ar fhreagraThe Recovery and Resilience Plan states that in Level 4 gyms, leisure centres and swimming pools must close. These facilities are not open for group or individual training in Level 4.
I recognise that there is great disappointment that gyms and other sports and leisure facilities must close in the Level 5 restrictions which commenced at midnight. Physical activity is very important for people's physical and mental health and these facilities play an important role in providing opportunities for activity, particularly in the winter months.
We look forward to returning to these facilities when the restrictions are lifted. For the coming weeks however, it is regrettably necessary to take urgent action to address the seriously deteriorating epidemiological situation in the country. This means closing many businesses and amenities to reduce the person-to-person contacts which allow the virus to spread.
The Government has launched the COVID-19 Restrictions Support Scheme to support businesses which are forced to close and I would encourage all eligible businesses to apply for funding support under this scheme, which is to be administered by the Revenue Commissioners. Further information about the scheme is available on the Government website www.gov.ie
74. Deputy Brendan Griffin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will address a matter (details supplied); and if she will make a statement on the matter. [32213/20]
Amharc ar fhreagraI can assure the Deputy that I am acutely aware of the pressures facing those working in the live entertainment industry and related sectors. That is why the Arts and Culture Recovery Taskforce includes two representatives from the Events Industry Alliance. The Taskforce is due to Report shortly.
In addition, an amount of €50 million has been provided in Budget 2021 for live performance. The live performance sector will be consulted in advance of the announcement of its allocation. The purpose of this funding is to support performers and crew who have been severely impacted by the current public health crisis. This will build on the pilot live performance scheme in 2020 which was introduced as part of the July Stimulus. The pilot scheme was available to promoters whether or not they owned their own premises. There will be further supports for music, building on the phenomenal demand for support under the July stimulus Music Scheme operated by First Music Contact. A scheme of capital grants for equipment will also operate in 2021. Officials in my Department will engage with the sector on the detail of how these new supports will operate, and I hope also to announce the recipients of the pilot scheme shortly.
These measures are in addition to other supports common to other or all sectors including the Employment Wage Subsidy Scheme, restart grants, exemptions from commercial rates, the warehousing of tax liabilities, and the reduction in VAT on ticket sales. In addition, the Pandemic Unemployment Payment is available to all employees and the self-employed who have lost their job due to the COVID-19 pandemic. There are also a range of loans, grants, vouchers and schemes available including the COVID-19 Credit Guarantee Scheme which offers loans from €10,000 to €1 million, for terms of up to five and a half years, and COVID-19 Business Loans of up to €25,000 which are available through Microfinance Ireland with zero repayments and zero interest for the first 6 months and the equivalent of an additional 6 months interest-free subject to certain terms and conditions.
Details of all of these supports are available at https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
My Department and I will continue to engage with stakeholders to tailor supports to meet the needs of the sector in light of prevailing public health guidance.
75. Deputy Éamon Ó Cuív asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media when the funding announced mid-year for swimming pools will be open by an organisation (details supplied) for applications; the discussions she has had with the organisation relation to the delay in making this funding available; her plans in providing extra funding for this purpose in 2021; and if she will make a statement on the matter. [32171/20]
Amharc ar fhreagraAs part of the July Jobs Stimulus, I announced a special fund of €2.5 million to support the reopening of publicly accessible swimming pools in recognition of the particular challenges pool operators face in reopening to the public.
The funding will be distributed to swimming pools through an open and transparent application process administered by Ireland Active (the association for leisure, health and fitness in Ireland). A Steering Group of Sport Ireland, Swim Ireland and Ireland Active has been established to oversee, assess and monitor the process.
The Covid-19 Swimming Pool Grant scheme opened for applications on Monday 19 October and the closing date for submission of applications is Monday 2 November. It is expected, at this point, to communicate the outcome of the application process in early December. This is dependent on the volume of applications received.
Ireland Active will host a funding application workshop, along with Swim Ireland, on Friday 23 October.
Application forms and further information are available on the Ireland Active website irelandactive.ie
No decisions have yet been made regarding the allocation of funding for sport in 2021. The Board of Sport Ireland will make decisions in that regard in due course.
76. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if theatres such as the Abbey Theatre can continue with rehearsals for their planned online monologues on 21 November 2020 to commemorate the Bloody Sunday killings of 1920 or other planned theatrical productions during the current Covid-19 restrictions of stage 3 or if the city or country move to stage 4, 5 or variations of same. [32200/20]
Amharc ar fhreagraThe 'Resilience and Recovery Plan for Living with COVID-19' is a cross-government approach to managing the pandemic for the coming months. It sets out a framework on managing and living with COVID-19 and includes restrictive measures to help us to go about our daily lives as much as possible, while managing the virus. The framework sets out five levels of response, each with a number of measures designed to help us all lower COVID-19 transmission and setting out what is permitted at that moment in time.
At all levels of restrictions, the Government publishes Regulations under the Health Acts that set out the legal position and these are available here https://www.gov.ie/en/collection/1f150-view-statutory-instruments-related-to-the-covid-19-pandemic/.
In addition, the Government publishes guidelines based on the Regulations on Gov.ie which are available at this link https://www.gov.ie/en/campaigns/c36c85-covid-19-coronavirus/.
It is a matter for each individual, organisation and legal entity to ensure compliance with the arrangements in place at any moment in time.
My Department is in contact with the Abbey Theatre with a view to clarifying the particular matter raised by the Deputy.
77. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of HAP tenancies awaiting standards compliance inspections by local authority in tabular form [32232/20]
Amharc ar fhreagra78. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the legislative timeframe for standards compliance inspection under the HAP scheme [32233/20]
Amharc ar fhreagraI propose to take Questions Nos. 77 and 78 together.
The minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019. All landlords have a legal obligation to ensure that their rented properties comply with these Regulations. Responsibility for enforcement of the Regulations rests with the relevant local authority.
The Housing Assistant Payment Scheme (HAP) in underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of HAP support being provided in relation to a particular dwelling, if the dwelling was not already inspected within the previous 12 months. Local authorities carry out HAP inspections as part of their overall private rented inspections programme.
The information sought in relation to the number of HAP tenancies awaiting standards compliance inspections is not held by my Department.
79. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the frequency with which local authorities manager reports should be published and distributed. [32132/20]
Amharc ar fhreagraSection 136(2) of the Local Government Act 2001, as amended, provides for the preparation and furnishing by the Chief Executive of a management report to each elected member of a local authority on or before the seventh day of each month or on a date in each month set by resolution of the council.
Guidelines regarding the preparation of monthly management reports were issued to local authorities under subsection 136(4) of the Act in July 2014. The guidelines are available on my Department’s website at the following address:
https://www.housing.gov.ie/sites/default/files/publications/files/lg_18_-_2014_guidelines_on_preparation_of_monthly_management_reports.pdf.
80. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if the National Parks and Wildlife Services provides information on the dangers of lyme disease to staff (details supplied); and if he will make a statement on the matter. [32148/20]
Amharc ar fhreagraThe issue of Lyme disease is not one confined or specific to the National Parks. Ticks, are widespread throughout the countryside and in areas of rough vegetation and forestry. They are not at all confined to National Parks, Nature Reserves or State lands. Ticks can be found on a variety of domesticated and wild animals including sheep, goats, horses, cattle, dogs, deer, rodents and various wild mammal species.
Information on Lyme Disease is available from the HSE and, their booklet: http://www.hpsc.ie/a-/vectorborne/lymedisease/informationforthepublic/Lyme%20DL%20April2017%20-%20D2.pdf contains useful information in this regard. Last year, as part of the HSE’s National Lyme Awareness Day the Department circulated links to HSE information on Lyme disease to all Departmental staff.
With regard to Killarney National Park specifically, information on ticks for anyone intending to visit the Park is contained in the health and safety section of the dedicated website http://www.killarneynationalpark.ie/visit/health-safety
81. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if the allocation for vacant house funding will cover the cost of refurbishment of the 180 planned houses or will Cork City Council will be required to meet any deficit. [32240/20]
Amharc ar fhreagraWith regard to the Voids July Stimulus Programme, the funding available per dwelling in relation to the "standard" and "homeless" voids should be sufficient to cover 100% of the re-let costs where the local authority focus is on meeting re-let standards and re-letting the home in the minimum time possible. There is no funding cap on "long term vacant" voids where significantly more works may be required.
Cork City Council have been allocated funding of €4.25 million, which is over double their preliminary allocation, to undertake refurbishment work on 182 vacant social housing units and I understand that work on these badly needed homes is progressing well.
82. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the status of a water scheme (details supplied) in County Mayo. [32273/20]
Amharc ar fhreagraIn February 2019, the previous Minister announced details of the measures being funded through my Department's Multi-annual Rural Water Programme 2019-2021. Local authorities were invited to submit their bids for the funding of projects in their functional areas. Mayo County Council made a number of bids under Measure 6 including for a proposal for Murrisk Community Water Connection (formerly called public group water schemes).
The estimated cost of the proposed 350 house project was €4.725 million, or €13,500 per house. Grants of up to 85% are available for Community Water Connections subject to a maximum grant of €7,650 per house (this means that the effective cost limit per house for this project is €9,000).
Although the project is approved in principle, the estimated cost needs to be significantly reduced. I understand that the local authority is working with Irish Water to examine ways to reduce the estimated costs, and have met to discuss this issue. In addition the local authority has appointed a consulting engineer to prepare a report on the project which is scheduled to be completed by the end of the year, at which time the local authority will make a submission to my Department for consideration.
There is a commitment from my Department to support this project, however, this is subject to a significant reduction being achieved in the estimated costs.
83. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to significant delays meeting with homelessness officers; the reasons for such delays; and if there are alternative plans or suggested recourses to better support persons and families. [32279/20]
Amharc ar fhreagraMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and associated services for homeless persons rests with individual housing authorities.
I understand from the Dublin Region Homeless Executive (DRHE) that the Central Placement Service has continued to provide a services to both existing homeless service users and those newly presenting as homeless throughout the period of Covid-19 restrictions.
The specific matter raised by the Deputy is an operational issue in the day-to-day delivery of services and would be more appropriate to the relevant housing authority.
84. Deputy John Brady asked the Minister for Foreign Affairs his views on the severe flooding in Northern Sudan in early October 2020 which led to substantial loss of life and damage to property, livestock and crops; his plans to respond to same; and if he will make a statement on the matter. [32145/20]
Amharc ar fhreagraThe severe flooding, caused by torrential rains and the overflow of the River Nile and its tributaries, has affected all of the States in Sudan. It has caused significant damage affecting more than 875,000 people, including 150,000 refugees. On 4 September, the Transitional Government of Sudan declared a national three-month State of Emergency and designated the country a natural disaster zone. UN Agencies have reported 155 fatalities.
Ireland has provided development and humanitarian assistance to the Sudanese people for many years. Since 2012, Irish humanitarian funding to Sudan has totalled over €33 million, enabling the high priority projects implemented by the best placed responders, including UN Agencies as well as international and local NGOs.
So far this year, Ireland has contributed €3.7 million to humanitarian relief efforts, including €3 million to the Sudan Humanitarian Fund and €700,000 to Irish NGOs working in the country, including Trócaire, Concern, GOAL and World Vision. Ireland's contribution to the Sudan Humanitarian Fund is the fifth largest from 13 donors which collectively have sent €52 million in humanitarian assistance to Sudan this year. To date, €34 million has been allocated to life-saving humanitarian projects, including the recent floods. A further €5.6 million for flood response projects has just been agreed.
Other humanitarian needs have arisen due to a polio outbreak now affecting four Sudanese States and three neighbouring countries. Plans are in place to allocate funding to cover the urgent polio vaccination campaign in Sudan, also using the Sudan Humanitarian Fund.
Ireland also contributes €10 million each year to the UN Central Emergency Response Fund - a pool of standby funding available for rapid response by UN Agencies to support humanitarian action. This year over €10 million has been provided from this fund to support humanitarian needs in Sudan. Additionally, Ireland contributes to the European Civil Protection and Humanitarian Aid Operations which committed over €60 million to Sudan in 2020 and recently increased its contribution, specifically to address floods, by €1.1 Million.
My officials are looking actively, in conjunction with the Embassy of Ireland in Nairobi (which is accredited to Sudan), at additional supports.
85. Deputy John Brady asked the Minister for Foreign Affairs his views on the arrest of a human rights defender (details supplied) who has been detained under trumped up charges in India; his plans to respond to same; and if he will make a statement on the matter. [32147/20]
Amharc ar fhreagraThe Department of Foreign Affairs is aware of this case concerning the arrest of a human rights defender in India on 8 October who is currently detained under the Unlawful Activities (Prevention) Act.
Our Embassy in New Delhi has engaged on the matter through the EU Delegation, including with the National Human Rights Commission of India, particularly in view of the advanced years of the human rights defender in question.
Protection and promotion of human rights defenders is a priority of Ireland’s foreign policy. Ireland welcomed the commitment at the EU-India Summit last July to renewed dialogue on human rights and we will engage actively with our EU partners in this context.
