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Wednesday, 27 Jan 2021

Written Answers Nos. 343-361

Construction Sector Strategy

Ceisteanna (343)

Ruairí Ó Murchú

Ceist:

343. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage if, under the current level of the plan for living with Covid-19, documentation is required from homeowners in order to continue or complete the construction of private homes; and if he will make a statement on the matter. [4166/21]

Amharc ar fhreagra

Freagraí scríofa

The Government announced that additional public health restrictions would apply under Level 5 of the Plan for Living with COVID-19 on 6 January 2021. The additional restrictions required all construction activity to cease from 6 pm on Friday 8 January, with a number of exceptions.

These measures are set out in the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) Regulations 2021.

With regard to private housing development, the Regulations provide that housing and construction works ongoing on 8 January can continue where the works required to render the property capable of occupation are scheduled for completion by 31 January 2021.

Question No. 344 answered with Question No. 312.

Traveller Accommodation

Ceisteanna (345, 347)

Jennifer Carroll MacNeill

Ceist:

345. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the steps he is taking to ensure the full Traveller accommodation budget for 2021 is utilised; and if he will make a statement on the matter. [4254/21]

Amharc ar fhreagra

Jennifer Carroll MacNeill

Ceist:

347. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the steps he is taking to ensure the full Traveller accommodation budget for 2021 is spent on new accommodation as opposed to refurbishments; and if he will make a statement on the matter. [4256/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 345 and 347 together.

In accordance with the Housing (Traveller Accommodation) Act 1998, the role of my Department is to ensure that there are adequate structures and supports in place to assist housing authorities in providing accommodation for Travellers, including a national framework of policy, legislation and funding.

Following a review of the arrangements for the disbursement of funding for the provision and related supports of Traveller specific accommodation a new allocation process was implemented for 2020. My Department has ceased the practice of allocating specific budgets to individual local authorities. Instead, it is open to all local authorities to apply for and drawdown funds at any time throughout the year and this is actively encouraged by my Department. My Department’s capital budget of €14.5m for Traveller Accommodation was drawn down in full in 2020. Officials from my Department will continue to make regular contact with each local authority throughout 2021 to support and facilitate the development of effective Traveller accommodation projects.

Traveller Accommodation

Ceisteanna (346)

Jennifer Carroll MacNeill

Ceist:

346. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the number of new units created in 2020 for Travellers; the way in which the 2020 Traveller accommodation budget was spent; and if he will make a statement on the matter. [4255/21]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Housing (Traveller Accommodation) Act 1998, housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist local authorities in providing such accommodation, including a national framework of policy, legislation and funding.

Traveller-specific projects and developments are focused on group housing schemes and halting sites. This includes meeting Traveller-specific housing needs through a range of mechanisms, including the provision of mobiles and caravans; the provision and refurbishment of halting sites; the provision, refurbishment and extension of group housing and the return to use of vacant group housing.

In 2020, the Traveller accommodation budget was spent on new group housing, refurbishment of existing halting sites and group housing, fire safety works on sites and acquisitions (where acquisition is the solution to a specific need identified).Funding was also provided in 2020 in relation to Covid-19 mitigation and response measures. Works identified by local authorities included extra toilets or temporary sanitary blocks, running water, additional accommodation where overcrowding exists, site clean-ups and extra refuse collection, and additional units on-site or elsewhere as space permits in order to allow for self-isolation/quarantine. Many of these solutions have been, or are in the process of being, implemented on sites throughout the country and my Department has been very clear that these provisions will apply, where possible, to both authorised and unauthorised sites for the duration of the response to the pandemic.

The following table gives a breakdown of the number of new units provided in 2020. It does not however reflect the full extent of the work undertaken or expenditure incurred by local authorities in improving Traveller accommodation during 2020 in order to help prevent, limit and minimise the effects of the pandemic.

Group Housing Scheme*

16

Mobiles

3

Acquisitions

15

Covid-19 Mobiles**

82

TOTAL

116

*7 housing units and 9 service units

** of which 43 were for self-isolation purposes

Question No. 347 answered with Question No. 345.

Traveller Accommodation

Ceisteanna (348)

Jennifer Carroll MacNeill

Ceist:

348. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the steps being taken to ensure the implementation of the report of the expert review group on Traveller accommodation prepared by an independent expert group on his behalf; and if he will make a statement on the matter. [4257/21]

Amharc ar fhreagra

Freagraí scríofa

On the matter of the recommendations in the Traveller Accommodation Expert Review Report, there are 32 recommendations aimed at:

- addressing research deficiencies, including how information is gathered and used;

- removing any potential delays and obstacles in the planning system in terms of delivery;

- increasing resources and delivery capacity; and

- strengthening governance arrangements.

The recommendations have been categorised into separate streams reflecting recommendations that can be completed within my Department, recommendations that require the assistance of other Government Departments and Agencies and recommendations that will require the commission of further independent research.

My Department is progressing a number of short term recommendations and working groups are working on others. For example, a review has been concluded of the arrangements for the disbursement of funding for the provision and refurbishment of Traveller specific accommodation and a new process implemented for the 2020 allocation of funding. Meetings have taken place with working groups within my Department and with other Government agencies and Departments.

Officials from my Department are reporting progress on the implementation of the recommendations of the Expert Group report at the National Traveller Accommodation Consultative Committee meetings along with seeking input from them as major stakeholders.

In December 2020, I established a Programme Board to drive the consideration and implementation of recommendations contained in the Traveller Accommodation Expert Review report and the first meeting of the Programme Board will take place very shortly.

Fire Safety

Ceisteanna (349)

Martin Browne

Ceist:

349. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if a matter in regard to a fire safety issue for a person (details supplied) will be addressed. [4262/21]

Amharc ar fhreagra

Freagraí scríofa

The management and maintenance of local authority housing stock including carrying out of responsive repairs, is a matter for each relevant local authority, in line with Section 58 of the Housing Act 1966. My Department does not have a role in the matter but we have brought it to the attention of the relevant local authority and any follow up should be directly with the council.

Housing Issues

Ceisteanna (350)

Niamh Smyth

Ceist:

350. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage the status of the provision of social housing at a site (details supplied) in County Meath; the source of funding for this project; and if he will make a statement on the matter. [4269/21]

Amharc ar fhreagra

Freagraí scríofa

My Department gave funding approval-in principle to Meath County Council's proposed development of 20 new build social homes at the location in question in May 2020. It is now a matter for the Council to advance the design of the project and take it through the planning process. The project when constructed, would be funded through my Department's Local Authority Housing Capital Budget.

Building Regulations

Ceisteanna (351)

Róisín Shortall

Ceist:

351. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage the steps he has taken since assuming office to set up a taskforce to examine the effects of construction defects for homeowners, both house and apartment owners; the workplan of the taskforce; the reporting timeframe; and if he will make a statement on the matter. [4297/21]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government sets out a number of commitments in respect of the important policy area of building defects and provides for an examination of defective housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, "Safe as Houses".

In this regard, my Department is actively engaging with key stakeholders and I have had several meetings with stakeholder representative groups on this matter over recent months. My Department is currently working to establish the structures to examine the issue of defective housing, this will include apartment buildings, in line with the commitment in the Programme for Government.

I recently appointed Mr Seamus Neely, former Chief Executive of Donegal County Council, to the position of Chair to the independent working group to oversee the effective implementation of the group’s terms of reference which are currently being finalised.

It is intended to conclude the process of finalising measures, including membership and methodologies, to establish the independent working group in consultation with the key stakeholders in the coming weeks, with a view to holding the inaugural plenary working group meeting shortly thereafter.

In regard to the timeline, the Programme for Government specifically states that the issue is to be examined in the first 12 months of the Government and the establishment of this independent working group, which will be up and running in Q1 of this year, is a clear demonstration of how seriously I treat this issue.

Legislative Programme

Ceisteanna (352)

Thomas Pringle

Ceist:

352. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage when the marine planning and development management Bill will be brought before Dáil Éireann; and if he will make a statement on the matter. [4353/21]

Amharc ar fhreagra

Freagraí scríofa

In January 2020, my Department published the finalised General Scheme of the Marine Planning and Development Management Bill, which will provide the legislative basis for Ireland's new marine planning regime. In addition to the legislative underpinning for forward planning provided through the National Marine Planning Framework, the MPDM Bill will also provide: a new State consent regime for the entire maritime area replacing foreshore consenting; development consenting integration into the planning permission system; and robust compliance and enforcement measures.

The Joint Oireachtas Committee on Housing, Local Government and Heritage commenced pre-legislative scrutiny of the Bill at the end of November 2020 and I expect their report shortly. The findings of the Committee's Report will help to inform the final stages of development of the legal text. In the meantime officials from my Department continue intensive and ongoing engagement with the Office of the Attorney General and the Department of Environment, Climate and Communications to finalise the legal text.

I am determined that this Bill, which will lay the foundations for a modern, efficient and Aarhus compliant marine planning system, will be published within the current Dáil term.

Rental Sector

Ceisteanna (353)

Paul Murphy

Ceist:

353. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the tenancy rights and right of recourse to the RTB which tenants in tied accommodation currently enjoy (details supplied); if necessary amendments will be made to the legislation and regulations to ensure that workers in tied accommodation have the same rights and security of tenure and have recourse to the RTB in the same way as other persons who rent accommodation; if tenancy agreements will be declared as illegal which give tenants in tied accommodation lesser rights than other tenants; and if he will make a statement on the matter. [4364/21]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies Acts 2004-2020 regulate the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The Acts apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions.

Accommodation let under licensing agreements does not fall within the remit of the Residential Tenancies Acts 2004-2016 which protect tenancy agreements only. If there is any doubt as to the type of agreement in place in respect of individual dwellings, for example whether a licence agreement or a tenancy agreement exists, the matter should be referred to the Residential Tenancies Board (RTB) for a determination. Where the RTB determines that a tenancy exists, it can deal with any dispute arising.

Sections 12 and 16, respectively, provide for landlord and tenant obligations under the Residential Tenancies Acts. Section 18 provides that no provision of any lease, tenancy agreement, contract or other agreement may operate to vary, modify or restrict in any way the obligations of landlords and tenants set out in sections 12 and 16.

Section 134 of the Acts requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement.

Section 9 of the Residential Tenancies Acts 2004-2020 provides that a person guilty of an offence under the Acts, such as non-registration of a tenancy, shall be liable on summary conviction to a Class B fine of between €2,500 and €4,000 or imprisonment for a term not exceeding 6 months or both. If the offence is continued after conviction, the person is guilty of a further offence every day that the offence persists with a daily fine of up to €500 applicable.

The RTB was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants. A tenant may refer a matter to RTB for dispute resolution services, whether or not the tenancy has been registered. Section 14 of the Acts prohibits a landlord from penalising a tenant for referring any dispute between the tenant and the landlord to the Board for resolution.

Section 28 of the Residential Tenancies (Amendment) Act 2019 inserted Part 7A (Complaints, Investigations and Sanctions) into the Residential Tenancies Act 2004, as amended. Part 7A is fully operational since 1 July 2019 and provides the RTB with enhanced powers of investigation and sanction, in respect of improper conduct by a landlord including failure to register a tenancy. A sanction imposed by the RTB under Part 7A on a landlord in respect of specified improper conduct may include one or all of the following:

(i) the giving of a written caution;

(ii) a direction to pay the RTB a financial penalty up to €15,000;

(iii) a direction to pay up to €15,000 in respect of RTB costs in investigating the matter.

A tenant may make a written complaint to the RTB alleging improper conduct by a landlord under section 148T of Part 7A of the Acts for investigation and sanction.

Local Authority Housing

Ceisteanna (354)

Kathleen Funchion

Ceist:

354. Deputy Kathleen Funchion asked the Minister for Housing, Local Government and Heritage if essential house repairs will be provided in the case of a person (details supplied). [4367/21]

Amharc ar fhreagra

Freagraí scríofa

In accordance with section 58 of the Housing Act, 1966 local authorities are legally responsible for the management and maintenance of their housing stock. Local authorities also have a legal obligation to ensure that all of their tenanted properties are compliant with the provisions of the Housing (standards for rented houses) 2019.

Notwithstanding the legal obligations on local authorities to manage and maintain their housing stock, my Department does provide annual funding support to local authorities to support their work in this area.

Under the Voids programme, my Department supports local authorities in refurbishing vacant social homes and returning them to productive use. This funding programme was introduced in 2014 and to the end of 2019 returned 12,495 properties to use with funding of €172m from my Department. Figures for 2020 can be viewed at the following link.

www.gov.ie/en/press-release/78da0-voids-stimulus-programme-exceeds-target-in-bringing-2565-homes-back-into-social-housing-stock/.

My Department launched the Energy Efficiency Retrofitting Programme in 2013 with the aim of funding retrofit of social homes requiring insulation and energy upgrade works. Since the programme commenced in 2013 over 73,500 units of social housing stock have been retrofitted with a total exchequer spend of €161 million under the scheme. Details are available on my Department's website at the following link:

www.gov.ie/en/publication/668c1-energy-efficiency-retrofitting-programme-expenditure-output/.

My Department also provides for the Disabled Persons Grant (DPG) scheme which provides funding for adaptations and extensions to existing social housing stock to meet specific needs of the local authority tenants with a 10% contribution required from the local authority, A total of €18 million was made available under the DPG scheme for 2020 . Details of the f unding provided by my Department to each local authority under the DPG scheme, from 2011 to 2020 are available at the following link:

www.housing.gov.ie/housing/grantsfinancial-assistance/disabled-persons-grants-and-improvement-works-lieu-schemes.

These programmes are demand lead and local authorities must submit a programme of works once a call for proposal issues. My Department gives consideration to all proposals made under these programmes.

My Department will continue to support local authorities for stock improvement works and work is also ongoing with the local authority sector, through the City and County Management Association (CCMA), to drive a planned maintenance approach to the management and maintenance of all local authority housing stock.

Vacant Properties

Ceisteanna (355)

Eoin Ó Broin

Ceist:

355. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he has engaged with the Minister for Health to determine a scheme to encourage families with vacant properties tied into the fair deal scheme to rent those properties into the private rental or social rental sector; and if not, if he will give a commitment to do so in view of the thousands of vacant fair deal homes across the State. [4410/21]

Amharc ar fhreagra

Freagraí scríofa

Commitments were included in the former Government's Strategy for the Rental Sector and National Vacant Housing Reuse Strategy, to examine the treatment under the Nursing Home Support Scheme’s (or Fair Deal Scheme's) financial assessment of income from a person’s principal private residence (PPR), where they move into long-term residential care.

The Programme for Government – Our Shared Future contains a commitment to reform the Fair Deal Scheme to incentivise renting out vacant properties.

These commitments reflected an intent to explore the potential to encourage vacant accommodation to be brought into active use.

My Department is currently engaging with the Department of Health in relation to these actions. Both Departments are exploring proposals to enable vacant properties owned by patients in long-term nursing home care to be brought back into early use, through adjustments to the treatment of rental income and house sale proceeds derived from a PPR in the financial assessment of income for the purposes of the Fair Deal Scheme.

Legislative amendments to the Nursing Homes Support Scheme Act 2009, which comes within the remit of my colleague, the Minister for Health, would be required to address this matter. Discussions are ongoing between the Departments in this regard in the context of progressing any appropriate amendments through the Nursing Homes Support Scheme (Amendment) Bill, being developed by the Department of Health. I have engaged directly with Minister Donnelly on this issue and arrangements for further discussions at Ministerial level will be made, if necessary, to ensure that satisfactory progress is achieved.

It will remain a personal choice for any individual as to whether or not they wish to sell or rent out their home, in the private or social rental sector, upon taking up residence in a nursing home.

Question No. 356 answered with Question No. 341.

Homelessness Strategy

Ceisteanna (357, 358)

Cian O'Callaghan

Ceist:

357. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will request the Dublin Homeless Regional Executive to publish its annual reports for each of the years 2016 to 2020; and if he will make a statement on the matter. [4434/21]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

358. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he has exempted the Dublin Homeless Regional Executive from the code of practice for the governance of State bodies; and if he will make a statement on the matter. [4435/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 357 and 358 together.

My 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 homeless services rests with individual housing authorities. Section 10 of the Housing Act 1988 sets out the purposes for which costs may be incurred by housing authorities in respect of the provision of homeless accommodation and related services.

The operation of homeless accommodation services are a matter for individual housing authorities in consultation with the Management Group of the relevant regional joint Homelessness Consultative Forum, performed in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009.

While responsibility for the provision of accommodation for homeless persons rests with individual housing authorities, the administration of homeless services is organised on a regional basis, with nine administrative regions in place. In respect of the Dublin Region, Dublin City Council is the regional lead authority. The Dublin Region Homeless Executive is operated by Dublin City Council and adopts a shared service approach across South Dublin County Council, Fingal County Council and Dún Laoghaire-Rathdown County Council. The DRHE provide for the operational co-ordination of homeless accommodation and related services across the region on behalf of the four Dublin authorities.

Financial reports from each region, including the DRHE, setting out total expenditure on homeless services including those services provided through the non-government sector and private emergency accommodation are published on my Department’s website at the following link; www.housing.gov.ie/housing/homelessness/other/homelessness-data. Financial reports for 2020 are currently being examined and will be published shortly.

The Code of Practice for the Governance of State Bodies is a framework covering the corporate governance by both commercial and non-commercial State bodies. As such, local authorities do not come within the scope of this code and are subject to their own statutory governance requirements in respect of the performance of their functions and the publication of an annual report.

Covid-19 Pandemic

Ceisteanna (359)

Seán Sherlock

Ceist:

359. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the budgetary analysis being carried out to plan for long Covid-19 impacts in his Department and each State agency under the remit of his Department in tabular form. [4490/21]

Amharc ar fhreagra

Freagraí scríofa

My Department monitors expenditure and anticipated expenditure on an ongoing basis. In terms of any potential long-term impact of Covid-19 on programmes, policies and strategies and budgets these will be addressed in conjunction with the Department of Public Expenditure and Reform as part of the annual budgetary process.

Housing Issues

Ceisteanna (360)

Holly Cairns

Ceist:

360. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the housing scheme or grants that can be obtained for persons (details supplied) who do not qualify for the first-time buyers help-to-buy scheme; and if he will make a statement on the matter. [4508/21]

Amharc ar fhreagra

Freagraí scríofa

My Department currently provides Exchequer funding for a number of grant schemes in respect of privately owned housing.

My Department provides funding to local authorities in respect of the Housing Adaptation Grants for Older People and People with a Disability, to assist eligible people in private houses to make their accommodation more suitable for their needs. The suite of grants include the Housing Adaptation Grant for People with a Disability (max grant €30,000), the Mobility Aids Grant (max grant €6,000) and the Housing Aid for Older People (max grant €8,000). A means test applies to each grant scheme. The detailed administration of the schemes is the responsibility of the local authorities.

My Department also administers the Thatching Grant scheme, where a grant of up to €3,810, or two thirds of the approved cost, whichever is the lesser, is available. In the case of medical card holders, a grant of up to €6,350, or up to 80% of the approved cost, may be payable in respect of houses situated on the mainland, rising to €8,252 where the house is situated on a specified off-shore island. Eligibility under the grant scheme is contingent on the house being occupied as a normal place of residence on completion of the approved works.

Question No. 361 answered with Question No. 296.
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