Written Answers Nos. 262-289
262. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will address a matter (details supplied) regarding submissions for development; and if he will make a statement on the matter. [5158/21]
Amharc ar fhreagraPublic participation is a long-established and crucial element of all substantive decision-making processes under the Planning and Development Act 2000, as amended, and the supplementary Planning and Development Regulations 2001, as amended (the Regulations). In this regard, articles 17-19 of the Regulations require that an applicant for planning permission shall give public notice of the intention to make a planning application in the 2 week period prior to the lodging of the application by -
(i) placing an advertisement in relation to the proposed planning application in a newspaper approved for this purpose by the local planning authority, and
(ii) erecting a site notice in this connection in a conspicuous position on or near the main entrance to the land or structure concerned, or where there is more than one entrance from public roads, on or near all such entrances, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road.
Both such advertisements and site notices are required to advise where the application and accompanying documents relating to the proposed application may be viewed and a copy purchased, and that submissions and observations on the application may be made to the planning authority concerned within a specified period.
Article 18(1)(e) of the Regulations provides that a submission or observation in relation to an application may be made to the planning authority in writing on payment of the prescribed fee within the period of 5 weeks beginning on the date of receipt of the application by the planning authority.
Where further information or revised plans relating to a planning application are received by a planning authority, the applicant is required under article 35 of the Regulations to place a further advertisement in an approved newspaper and erect an amended site notice to this effect, also advising that a submission or observation in relation to such further information or revised plans may be made in writing to the planning authority on payment of the prescribed fee not later than 2 weeks after the receipt of the newspaper notice and site notice by the planning authority. Furthermore, in the case of a planning application accompanied by an Environmental Impact Assessment Report (EIAR), submissions may be made within 5 weeks of receipt of such notices by the planning authority.
I am satisfied that the current arrangements for the consideration of planning applications by planning authorities, including the making of submissions or observations by members of the public, allow sufficient time for extensive public participation in the decision-making process and I have no proposals to amend the legislation in this regard.
263. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if a matter (details supplied) in relation to future elections will be examined; and if he will make a statement on the matter. [5171/21]
Amharc ar fhreagraUnder electoral law, a nomination paper must state the name, address and occupation, if any, of a candidate at an election and a ballot paper must contain the name and description of the candidate standing nominated as shown in the nomination paper. In ruling on the validity of a nomination paper, a returning officer, inter alia, must object to the description of a candidate which is, in his or her opinion, incorrect or, insufficient to identify the candidate.
While electoral law is kept under ongoing review, I currently have no plans to change the existing provisions in respect of ballot papers.
264. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the details of the uptake of a scheme (details supplied) by Mayo County Council; the number of applications approved; the amount of funding allocated by year in tabular form; and if he will make a statement on the matter. [5182/21]
Amharc ar fhreagraThe Repair and Leasing Scheme (RLS) was developed to assist private property owners and local authorities or approved housing bodies to harness the accommodation potential that exists in vacant dwellings. Data to end Q3 2020 in relation to dwellings delivered by each local authority under RLS is available on my Department's website at the following link:
https://www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls
Total capital funding drawndown by Mayo County Council under RLS for the period 2017-2020 is set out on the table below:
|
LA |
2017 |
2018 |
2019 |
2020 |
|
Mayo |
€0 |
€0 |
€62,076 |
€280,000 |
265. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the funding given to provide accommodation to those sleeping rough in Cork city in 2020 by month. [5205/21]
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 emergency accommodation and related services for homeless persons rests with individual housing authorities.
My Department does not fund any homeless services directly but provides funding to housing authorities towards these costs. Under the funding arrangements, housing authorities must provide at least 10% of the cost of services from their own resources. Housing authorities may also incur additional expenditure on homeless related services outside of these funding arrangements with my Department. In light of the foregoing, the precise spend in Cork on homeless services including on the provision of accommodation for those rough sleeping is a matter for the individual housing authority, in consultation with the Management Group of the relevant regional joint Homeless Consultative Forum established in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act 2009.
Exchequer funding for homeless services is provided through my Department to housing authorities on a regional basis. Cork City is included in the South West region for the purposes of homeless administration, along with Cork County Council and Kerry County Council. In 2020, the total Exchequer funding provided by my Department to the South West Region was €16.2 million.
Financial reports from each of the homeless regions including the South West region, setting out expenditure on homeless accommodation and related services are published on my Department's website at https://www.housing.gov.ie/housing/homelessness/other/homelessness-data. Financial reports for 2020 are currently being examined and will be published shortly.
266. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the publication date of an affordable housing plan committed to in the programme for Government. [5206/21]
Amharc ar fhreagra284. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage when the affordable housing Bill 2020 will be brought before Dáil Éireann; and if he will make a statement on the matter. [5450/21]
Amharc ar fhreagraI propose to take Questions Nos. 266 and 284 together.
The Programme for Government, ‘Our Shared Future’, commits to putting affordability at the heart of the housing system, which the Government has prioritised in Budget 2021 by providing for a suite of affordable housing measures totalling €468 million. This will be utilised across two new programmes announced in Budget 2021 to deliver affordable homes to purchase or rent, as well as the existing Serviced Sites Fund, the Local Infrastructure Housing Activation Fund, the Rebuilding Ireland Home Loan, and through the Land Development Agency.
Cabinet approved the priority drafting of the Affordable Housing Bill 2020 on 22nd December 2020 and I published the General Scheme January 20th last. The Bill includes provisions to underpin three schemes delivering on the Programme for Government commitment to prioritise the increased supply of affordable homes through (1) affordable homes delivered by local authorities (2) a new affordable purchase shared equity scheme for private homes and (3) the introduction of a new form of tenure in Cost Rental.
The detailed drafting of the General Scheme of the Affordable Housing Bill is currently progressing. I can confirm that I have referred the General Scheme to the Joint Oireachtas Committee on Housing, Local Government and Heritage for pre-legislative scrutiny which will commence on 9 February next.
More widely, Government has confirmed it will develop and publish a new 'Housing for All Strategy' and it is anticipated this would be published over the summer months.
267. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to significant delays and issues with the Rebuilding Ireland home loan programme in Cork city. [5208/21]
Amharc ar fhreagraThe Rebuilding Ireland Home Loan (RIHL) scheme remains open for business. All local authorities are receiving and processing RIHL applications and are incorporating increased flexibility to accommodate applicants during the COVID 19 Pandemic.
Processing of a complete and valid application will take approximately 6-8 weeks. This period may vary during the current COVID-19 pandemic and depending on the local authority.
My Department has contacted Cork City Council on the matter and has been informed that there are no significant delays or issues with the RIHL programme in Cork City Council.
268. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage the status of a statutory instrument (details supplied) relating to hare coursing; and if he will make a statement on the matter. [5232/21]
Amharc ar fhreagra277. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if an organisation (details supplied) and its members will be instructed to immediately release all hares currently in captivity for the purposes of hare coursing in view of the High Court ruling that hare coursing should not resume during level 5 restrictions; and if he will make a statement on the matter. [5392/21]
Amharc ar fhreagra278. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the length of time that hares may be held in captivity for the purposes of hare coursing. [5393/21]
Amharc ar fhreagra291. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if all of the hares under the control of an organisation (details supplied) have been released given the decision of the High Court in relation to the Covid-19 restrictions and hare coursing; if not, when they are due to be released; and if there is a time limit for the length of time the organisation can keep a hare in captivity. [5562/21]
Amharc ar fhreagraI propose to take Questions Nos. 268, 277, 278 and 291 together.
My Department has been informed by the Irish Coursing Club that all hares that had been held in captivity by its affiliated clubs have now been released.
As regards hare release by coursing clubs generally, the current license granted to the Irish Coursing Club to net hares under Section 34 of the Wildlife Acts provides that “All hares must be released back into the wild during daylight hours at the conclusion of the meeting or the day after the coursing meeting has concluded, unless otherwise agreed with the relevant National Parks and Wildlife Service staff beforehand”.
It would not be appropriate for me to comment on any matter which is currently before the Courts.
269. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to a report by an organisation (details supplied); and his views on the findings of the report with particular reference to the findings relating to affordability. [5235/21]
Amharc ar fhreagraThe report that the Deputy refers to is an update on a similar report which was published in 2017 and its findings are based on the costs of 2-bedroom apartments. I understand, the data was collected from 49 apartment schemes, comprising approximately 9,500 units in total. In an overall sense, the report highlights that while measures brought forward have increased viability and affordability both remain challenging for apartment developments.
The Programme for Government seeks to put affordability at the heart of the housing system with a commitment to prioritise the increased supply affordable homes and to ensure that local authorities are central to delivering housing, and progress a state-backed affordable home purchase scheme to promote home ownership.
To this end, in December last, the Cabinet approved the priority drafting of the Affordable Housing Bill 2020 which was published on 20 January 2021. This Bill provides for:
- An affordable purchase scheme for the delivery of housing by local authorities;
- A new affordable purchase shared equity scheme for private lands;
- Introducing a new form of tenure in Cost Rental - this will see the first homes delivered in 2021 where rents will be at least 25% below market rates.
Of note, the report mentioned above welcomes the Government’s shared equity scheme as a measure to help bridge the affordability gap highlighted in the report.
In terms of measures to improve viability and affordability more broadly, I am mindful of the need to efficiently manage and utilise state-owned lands. As such, the Government intendeds to legislate to establish the Land Development Agency (LDA) on a statutory basis as a matter of urgency. The LDA will be tasked to work with Government Departments, local authorities, state agencies and other stakeholders to assemble strategic sites in urban areas and ensure the sustainable development of social and affordable homes for rent and purchase.
270. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if local authorities are required to provide a report on HAP inspections to his office. [5246/21]
Amharc ar fhreagraThe 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.
Local authorities report to my Department on numbers of overall inspections carried out and enforcement actions undertaken on a quarterly basis. The most recent data received in respect of the number of inspections of all private rental properties and those with HAP tenancies is set out in the table below.
|
HAP Inspections carried out in 2019 |
Total Inspections carried out in 2019 |
HAP On-site Inspections carried out Q1-3 2020 |
Total On-site Inspections carried out in Q1-3 2020 |
HAP Virtual Inspections carried out in Q1-3 2020 |
Total Virtual Inspections carried out in Q1-3 2020 |
|
23,419 |
40,988 |
9,663 |
19,524 |
501 |
755 |
Given the need for inspectors to enter tenants’ homes, Covid-19 pandemic restrictions have impacted on the inspection of all rented dwellings - including those with HAP tenancies. The City and County Management Association’s Local Authority Resilience and Recovery Plan for living with Covid-19 (October 2020) and its subsequent Local Authority Services Framework for Future Covid-19 Pandemic Response (January 2021) do not permit rental inspections in Levels 4 and 5. This is in order to protect tenants, landlords and rental inspectors.
In response to the difficulties caused by pandemic restrictions, some local authorities have been piloting virtual inspections. Dublin City Council has led this initiative which entails landlords receiving a checklist for self-assessment and being required to submit photographic/video evidence by email, tenants being invited to raise any non-compliance issues they are aware of and being asked to confirm that any remedial works requested by the local authority have been completed, and the Council reserving the right to conduct a physical on-site inspection when it is safe to do so.
While virtual inspection systems present certain challenges and limitations, they do offer a way of improving the standard of rental accommodation despite the pandemic. I support these initiatives and my Department is encouraging local authorities not involved in the pilots to consider adopting them. I have committed to providing Exchequer funding for those that do.
271. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage if co-living developments can be granted permission if a local authority deems the development necessary as per their housing need and demand assessment; and if he will make a statement on the matter. [5262/21]
Amharc ar fhreagraOn being appointed, Minister O'Brien undertook a review of co-living development and indicated in a letter dated 23rd November 2020 to all local authorities, An Bord Pleanála and the Office of the Planning Regulator, that the preferred approach was to restrict commercial co-living development in Ireland.
Further to completion of the requisite environmental assessment processes, a subsequent letter was issued to planning authorities on 23 December 2020 giving notice that updated Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities December 2020, had been published as Ministerial guidance under Section 28 of the Planning and Development Act 2000 (as amended).
The principal purpose of issuing the technical update to the Apartment Guidelines was to give effect to the conclusion of the review of co-living and to address ‘Shared Accommodation’ or ‘Co-living’ as set out in Section 5 of the Apartment Guidelines document, by introducing a specific planning policy requirement (SPPR 9) for a presumption against the granting of planning permission for co-living development. The Guidelines are available on the Department of Housing, Local Government and Heritage website at https://www.gov.ie/en/publication/9e2f1-ministerial-letter-to-local-authorities-updated-apartment-guidelines-to-give-effect-to-restrictions-on-co-living-development/
Specific Planning Policy Requirement 9 (SPPR 9) provides as follows:
There shall be a presumption against granting planning permission for shared accommodation/co-living development unless the proposed development is either:-
(i) required to meet specific demand identified by a local planning authority further to a Housing Need and Demand Assessment (HNDA) process;
or,
(ii) on the date of publication of these updated Guidelines, a valid planning application to a planning authority, appeal to An Bord Pleanála, or strategic housing development (SHD) planning application to An Bord Pleanála, in which case the application or appeal may be determined on its merits.
In conclusion, SPPR 9 includes provision for an exceptional case where a local authority identifies a specific need for shared accommodation/co-living development, further to a HNDA process. This is a matter for individual local authorities to determine. My Department will continue to monitor the emerging shared accommodation/co-living sector and in particular the delivery of any permitted developments.
272. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage the reason there has been no annual reports produced by the Dublin Regional Homeless Executive, DRHE since 2016; if the practice of producing annual reports will be reintroduced; the level of accountability his Department requires of the DRHE; and if he will make a statement on the matter. [5263/21]
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 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 (DRHE) 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.
Local authorities are subject to their own statutory governance requirements in respect of the performance of their functions and the publication of an annual report.
In respect of my Department's role, 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; https://www.housing.gov.ie/housing/homelessness/other/homelessness-data. Financial reports for 2020 are currently being examined and will be published shortly.
273. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage the oversight his Department has to ensure there is fair competition and consistent standards being applied by all providers that are awarded contracts for emergency accommodation; and if he will make a statement on the matter. [5264/21]
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 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.
All emergency accommodation, whether provided by local authorities, NGOs, voluntary bodies or privately are required to comply with standards and these standards are monitored. The National Quality Standards Framework (NQSF) for homeless services is in place nationally for local authority and NGO delivered services. The Framework was developed to ensure a consistent approach in how local authorities and service providers respond to the needs of those experiencing homelessness and to improve the quality of services provided. In general, the operation of these emergency accommodation facilities is contracted out by local authorities, under service level agreements, to NGOs involved in the delivery of homeless services.
Local authorities also carry out inspections on facilities that are not covered under the Framework, as they determine to be appropriate. This regime operates in parallel with, and is based on, the NQSF arrangements. The Standards and Facilities Teams in the Dublin Region Homeless Executive (DRHE) oversee all emergency accommodation in the region and seek to ensure that all relevant guidelines, policies and procedures are complied with in order to deliver a safe and comfortable place to stay for service users. The DRHE has an inspection regime in place to deal with complaints and to ensure accommodation is appropriate and safe. This includes engaging with homeless families and individuals on issues arising in their accommodation. The DRHE has confirmed that it has a thorough complaints procedure in place, and that each complaint is fully investigated and addressed in a timely manner.
Separate to the service standards expected of providers via service level agreements, all homeless service providers must meet the requirements of statutory codes, in particular the requirements of the Safety, Health and Welfare at Work Act 2005 and the Fire Services Acts.
Procurement of services and awarding of contracts are a matter for individual local authorities who are obliged to ensure compliance with all relevant statutory obligations in respect of provision of services and use of public funds. Decisions on the need for homeless accommodation including any procurement of services, contractual arrangements and operation and funding of homeless accommodation are a matter for individual authorities.
274. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage his views on Prospect Hill, Dublin 11 specifically in relation as to the length of time it has been vacant; and if he will make a statement on the matter. [5317/21]
Amharc ar fhreagraDublin City Council (DCC) have advised my Department that, following delays in the process, they have recently finalised the agreement with the receiver in relation to the acquisition of 58 unfinished units at Prospect Hill to add to their social housing stock, which are now in DCC ownership.
DCC have also advised that their housing department is currently preparing tender documents for the required remediation works with a view to going to tender in June this year.
It is estimated that the works will take 9 months to complete after which the units can be allocated.
The following revised reply was received on 19 March 2021.
Dublin City Council (DCC) has advised my Department that, following delays in the process, they are working to finalise and execute the agreement with the receiver in relation to the acquisition of 58 unfinished units at Prospect Hill to add to their social housing stock.
DCC has also advised that their housing department is currently preparing tender documents for the required remediation works with a view to going to tender in June this year.
It is estimated that the works will take 9 months to complete after which the units can be allocated.
275. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage the breakdown of funds allocated to the urban regeneration development fund by county in each of the years 2018 to 2020, in tabular form. [5343/21]
Amharc ar fhreagraThe Urban Regeneration and Development Fund (URDF) was launched in 2018 to support more compact and sustainable development. The Fund, which has an allocation of €2 billion to 2027, is providing part-funding for projects that will enable a greater proportion of residential and mixed-use development to be delivered within the existing built-up footprints of our cities and large towns, while also ensuring that more parts of our urban areas can become attractive and vibrant places in which people choose to live and work, as well as to invest and to visit.
In keeping with the aims of the National Planning Framework and Project Ireland 2040, the URDF demonstrates a new and more tailored approach to the provision of Government support. Over its planned duration up to 2027, URDF support will be targeted in an integrated, dynamic and responsive way to support the regeneration and rejuvenation of our towns and cities.
Already, the URDF is providing assistance for major projects that will contribute to the regeneration and rejuvenation of Ireland’s five cities and other large towns, in line with the objectives of the National Planning Framework and National Development Plan.
On 26 November 2018, URDF support was announced for a total of 88 projects throughout the country, one of which was later withdrawn by the applicant. In mid-2019 approval in principle and provisional funding allocations issued in respect of 87 major projects across the country. This significant pipeline of projects is set to have a transformational impact in urban areas across the country. Through the URDF, successful applicants are receiving targeted integrated support for innovative holistic solutions to the issues that have hindered the regeneration and rejuvenation of our large towns and cities.
The programme has been very well received and supported, and the Department is working closely with the successful applicants to advance these projects as quickly as possible.
The table below lists the 87 projects advanced under Call 1 of the Urban Regeneration Development Fund together with up-to-date provisional URDF funding allocations by County.
276. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage the level of heritage funding from his Department in each of the years 2012 to 2020, inclusive; and the funds allocated and delivered by county in each of those years in tabular form. [5345/21]
Amharc ar fhreagraMy Department has a wide and diverse business agenda, covering a broad range of functions, including local authority housing, voluntary housing, homeless services, estate regeneration, energy efficiency retrofitting, housing grants, rural water schemes, urban regeneration, fire services and heritage In order to achieve its business objectives, the Department allocates significant resources to an extensive range of organisations, including local authorities, dedicated agencies, and other bodies; some allocations, depending on the programmes concerned, are made on a national or other non-county basis. In these circumstances, it is not possible to provide a breakdown of specific programme funding by county.
Details of the allocations provided to the Heritage function in the years 2012 to 2020 are set out in the Revised Estimates for Public Services published by the Department of Public Expenditure and Reform for the respective years and are available at the following link:
gov.ie - The Revised Estimates Volumes for the Public Service (www.gov.ie)
The Heritage function transferred from Vote 33, Culture, Heritage and the Gaeltacht to Vote 34, Housing, Local Government and Heritage in September 2020. Accordingly, the information on Heritage funding will be found under Vote 33 for the years 2012-2019 and Vote 34 for 2020.
279. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage the changes made to section 28 of the Planning and Development Act 2000 to give effect to the Flemish decree following the European Court of Justice Ruling in 2013 and the ministerial guidelines; and if he will make a statement on the matter. [5397/21]
Amharc ar fhreagraI first wish to clarify that Section 28 of the Planning and Development Act 2000 empowers the relevant Minister to issue Guidelines to which planning authorities and An Bord Pleanála must have regard in the performance of their functions. As such, it is not proposed to make changes to Section 28 the Planning and Development Act to give effect to the European Court of Justice (ECJ) ruling on the ‘Flemish Decree’ case.
Secondly, it is important to also clarify that the ‘Flemish Decree’ was a March 2009 Decree of the Flemish Region (a Federal Region within Belgium), on land and real estate policy, that made the purchase or long-term lease of all land in certain Flemish communes (local authorities) conditional upon there being a ‘sufficient connection’ between the prospective buyer or tenant and the relevant commune. The Flemish Decree case refers to the successful challenge against the Flemish Decree in the European Court of Justice, which ruled that it was disproportionate and contrary to EU freedoms. As such, it is not proposed to give effect to the Flemish Decree.
It is proposed to a) review the 2005 rural housing guidelines for planning authorities (which were issued under Section 28 of the Planning and Development Act 2000) and b) in doing so, have regard to the principles of the outcome of the ‘Flemish decree’ case, where relevant. This work is currently underway.
The 2005 Sustainable Rural Housing Guidelines are framed in the context of the National Spatial Strategy (NSS) 2002. Given the superseding of the NSS by the National Planning Framework in 2018, the updated Rural Housing Guidelines will address rural housing in a broader rural development and settlement context and I expect a draft before the end of March.
My Department communicated to planning authorities (Circular letter PL 2/2017) on 31 May 2017, advising them that the existing 2005 Guidelines remain in place and, until advised otherwise by the Department.
280. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the functions of the built environment advisory unit within his Department; the number of staff; the role of each; the work the unit undertakes with regard to the promotion of building standards including informing the building industry and building control authorities of the current building regulations and the updating of those regulations; if the unit has functions or powers to inspect construction sites; and if so, the basis and purpose. [5433/21]
Amharc ar fhreagraThe policy, technical and regulatory functions in relation to building standards are spread over a number of Divisions and Sections within my Department.
Implementation and enforcement of the building control system is a function for the 31 local building control authorities (BCAs), established in each local authority. The BCAs have a suite of inspection, investigatory and enforcement powers under the Building Control Acts 1990 to 2020.
While primary, but not exclusive, responsiblity for the broad building standards area is vested in the Building Standards Advisory Unit, within the Housing Policy, Legislation and Governance Division, the unit is supported by and collaborates with other sections across the Department.
In the context of the question, the responsibilities of the Building Standards Advisory Unit includes the following;
- The provision of technical/professional advice on matters relevant to building standards across departmental structures, agencies and local authorities as well as inter-departmental structures and liaison with key stakeholders in the sector.
- The ongoing development and promotion of a strong and evolving building code in support of quality construction, sustainable development and compliance with relevant EU requirements.
- Supporting the building control reform agenda, in particular in relation to strengthening the building control system, through the National Building Control Management project and regulatory framework.
The Building Standards Advisory business unit currently has thirteen officers who perform various roles in developing, securing the implementation of and compliance with the requirements of Building Regulations in addition to the delivery of a range of functions including those outlined above.
Nine officers are professional/technical staff, which include the Principal Adviser (Head of Business Unit), a Senior Adviser, three building standards advisers and four inspectors, some of whom are on secondment to other state agencies.
In addition to the professional/technical staff, the unit has one Assistant Principal Officer, a Higher Executive Officer, an Executive Officer and a Clerical Officer.
Staffing in the Building Standards Advisory Unit, and in all business units across my Department, is kept under review through the formal Workforce Planning process which is conducted in conjunction with the Department of Public Expenditure and Reform.
In relation to the functions or powers of the business unit to inspect construction sites, as mentioned above, the enforcement of the Building Regulations is a matter for the 31 local BCAs which have extensive powers of inspection and enforcement under statute. Separately, some Building Standard Advisory Unit staff carry out inspections in support of the implementation of private housing grants administered by my Department, as well as for the purposes of supporting the implementation of the pyrite remediation scheme.
281. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage his views on the failure of successive Governments to place the construction industry register on a statutory footing; his further views on whether this failure affects the strength of the 2014 building control reforms; and if a commitment will be given to introducing the Bill at second stage in 2021. [5434/21]
Amharc ar fhreagraThis Government is committed to placing the Construction Industry Register Ireland, or CIRI, on a statutory footing.
The General Scheme of a Bill to place the CIRI register on a statutory footing was approved by the then Government on 30 May 2017 which was referred to the Joint Oireachtas Committee on Housing, Planning and Local Government for pre-legislative scrutiny. The Committee’s report has since been received and my Department is currently working through the Committee’s recommendations. The General Scheme, which was published in 2017, is available on my Department's website at the following link: https://www.gov.ie/en/publication/3e711-building-control/
The main objective of the proposed legislation is to develop and promote a culture of competence, good practice and compliance with Building Regulations within the builder community of the construction sector The establishment of a robust, mandatory, statutory register of builders and specialist contractors is an essential consumer protection measure giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. In addition, it will complement the reforms made through the Building Control (Amendment) Regulations 2014 and contribute to the development of an enhanced culture of competence and compliance in the construction sector.
In response to the building failures that have emerged over the past decade, a three pronged Building Control Reform Agenda focusing primarily on ensuring strong and effective regulation in the building control system and the construction industry and on improving compliance in the Building Regulations. The three elements include;
1. Reform of the Building Control process
2. Building Control Management Project and establishment of a National Building Control Office
3. Putting the Construction Industry Register Ireland on a statutory footing.
The reform of the Building Control Process and establishment of the National Building Control Office have resulted in clarity on who has held the designated roles and who is responsible for addressing the issues. This facilitates and simplifies the inspection, implementation and enforcement role of Building Control Authority. The establishment of CIRI on a statutory basis will further strengthen this reform – the timeline required for implementation has not affected this progress to date.
When established on a statutory basis it is proposed that the operation of CIRI will be vested in the Construction Industry Federation (CIF) in the same way that statutory registration of Architects was vested in the Royal Institute of the Architects of Ireland (RIAI), pursuant to the Building Control Act 2007 My Department is working with the Attorney General's Office with a view to achieving publication of the Bill in Q1 of this year, and I am committed to introducing this Bill at second stage this year.
282. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the budget allocation to each local authority for their building control functions in each of the years 2013 to 2020 and to date in 2021; the number of staff employed in each local authority funded through this budget allocation; and the mechanisms in place within his Department to ensure that building control authorities are adequately resourced, trained and conducting onsite inspections to fulfil both the spirit and the letter of the 2014 building control reforms in tabular form. [5435/21]
Amharc ar fhreagraUnder section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.
My Department oversees workforce planning for the local government sector, including the monitoring of local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority. However, granular data, in terms of the specific role and function of each individual staff member, is not collected and consequently is not available in my Department. The relevant information would be available from individual local authorities.
In regard to the mechanisms in place within my Department to support building control authorities, the National Building Control Management Project (NBCMP) is managed by the National Building Control Office (NBCO) within Dublin City Council (DCC) to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities, through the five pillars of:
- Training: This includes the coordination, development and management of a training programme to support building control staff in the discharge of their duties.
- Inspections: This includes the development and implementation of a robust and consistent inspection regime in the 31 Building Control Authorities to facilitate meaningful risk-based targeted inspections of building works.
- nCompliance Support: This includes the provision of oversight and support across the full suite of Building Control Legislation to ensure transparent, professional enforcement of the relevant legislation in accordance with proper public administration.
- Information System - Building Control Management System (IS-BCMS): This includes the development and management of the information technology-based system hosted by the Local Government Management Agency which facilitates the electronic administration of building control matters by building control authorities as the preferred means of building control administration.
- Market Surveillance: The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products - Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appoints DCC as a competent authority for the carrying out of market surveillance functions for construction products on a national basis, i.e. across all 31 administrative local authority areas.
The NBCO is a key element of my Department’s ongoing building control reform agenda, with its many initiatives that already provide a comprehensive roadmap for embedding a culture of real compliance within the construction industry. The reform agenda also includes amendments made to the Building Control Regulations and the ongoing development of new legislation through the Building Control (Construction Industry Register Ireland) Bill.
In this regard, my Department meets regularly with the NBCO and is represented on all of the associated committees and working groups.
In addition, my Department provides ongoing policy advice and support, including funding, where necessary, under each of the five pillars.
The NBCO may be contacted by phone at 01 222 7947/7948 or by email to support@nbco.gov.ie.
283. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the number of homeless persons in counties Kildare and Laois; his plans to provide homes for same; and if he will make a statement on the matter. [5448/21]
Amharc ar fhreagraMy Department publishes a detailed monthly report on homelessness, based on data provided by housing authorities. The Report outlines details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. Data relating to homeless adults are presented at a county level. The Reports are available to access on my Department's website at the following link:
https://www.gov.ie/en/collection/80ea8-homelessness-data/
Increasing the supply of housing, particularly new build social and affordable homes, is a priority for me and for this Government. The Programme for Government commits to increasing the social housing stock by more than 50,000, with an emphasis on new builds. In Budget 2021, we backed this objective with funding of €3.3 billion for the delivery of housing. The available funding will deliver 12,750 new social homes through build, acquisition and leasing. A major focus of this investment is the delivery of new build, with an overall target of 9,500 new homes. The increased targets will see increased local authority build on local authority land.
285. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage when the review on household income limits in order to apply for social housing will be completed; the stage at which this review is at; and if he will make a statement on the matter. [5457/21]
Amharc ar fhreagraApplications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Pension-Related Deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and 2.5% for each child, subject to a maximum allowance under this category of 10%.
The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced in 2011 also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.
Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.
However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is under way. The review will have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.
288. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the status of the derogation process under Article 9(1)(a) of the EU birds directive for the control of wood pigeons. [5487/21]
Amharc ar fhreagraThe current declarations allowing for the control of certain wild bird species are due to expire on 30 April 2021
The effects of the declarations are to allow the control of certain wild bird species by landowners or their agents where these species are causing serious damage to crops, livestock, fauna or where they represent a threat to public health, throughout the State. A separate declaration is made to allow the control of certain wild bird species by airport authorities or their agents throughout the State where these species represent a threat to air-safety. A link to the current Declarations is below.
www.npws.ie/legislation/irish-law/eu-birds-directive-derogations.
No decisions have been taken at this time in relation to a declaration for period 1 May 2021 to 30 April 2022. A review of the declarations is currently underway and my Department will welcome any views on the operation of the current declaration or proposals in respect of the 2021/22 declaration.
Observations should be submitted to the Department of Housing, Local Government and Heritage via e-mail (WildBirdDeclarations@chg.gov.ie) by 5.00pm on Friday 19 February 2021 (extended from 20 January 2021)
289. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 202 of 20 January 2021, if he will provide the quarter in 2021 the wildlife crime unit will be established; and if he will make a statement on the matter. [5491/21]
Amharc ar fhreagraWhile exact plans for the establishment of the unit have not been published I envisage that this will happen over the summer.
