Written Answers Nos. 450-468
450. Deputy Brendan Griffin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if the tourism business continuity scheme will be reopened for applications; and if she will make a statement on the matter. [17460/21]
Amharc ar fhreagraI understand that a second phase of the Tourism Business Continuity Scheme will be announced by Fáilte Ireland shortly, following closing of applications for the first phase on 8th March.
As administration of the Tourism Business Continuity Scheme is an operational matter for Fáilte Ireland, I have referred the Deputy's question to Fáilte Ireland for direct reply to the Deputy. Please contact my private office if you have not received a reply within ten working days.
451. Deputy Michael Healy-Rae asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if a sports capital grant application by a club (details supplied) will be expedited; and if she will make a statement on the matter. [17529/21]
Amharc ar fhreagraThe Sports Capital and Equipment Programme is the primary vehicle for Government support for the development of sports and physical recreation facilities and the purchase of non-personal sports equipment throughout the country.
The 2020 round of the Sports Capital and Equipment Programme closed for applications on Monday 1st March. By the closing date, 3,106 applications were submitted seeking over €200m in funding. This is the highest number of applications ever received.
The scoring system and assessment procedures are currently being finalised and all applications, including the application referred to by the Deputy, will be assessed in accordance with these. Given the large number of applications received this assessment process is likely to take a number of months. As soon as this process is complete all applicants will be informed of the outcome of the assessment of their application.
452. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage if he has engaged on resuming construction and completion works on private homes after 5 April; and if he will make a statement on the matter. [17338/21]
Amharc ar fhreagra499. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the impact that level 5 restrictions have placed on families who moved out of their home to have construction work carried out (details supplied); if the additional costs incurred will be factored in when decisions are made about public health restrictions; his plans to assist this cohort with additional expenses and costs as a result of the restrictions; and if he will make a statement on the matter. [17335/21]
Amharc ar fhreagraI propose to take Questions Nos. 452 and 499 together.
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 6pm 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) Regulations 2020 (as amended). The decision on restrictions was taken by the Government following advice from NPHET.
With regard to private housing development, the Regulations provide that housing and construction works ongoing on 8 January could continue where the works required to render the property capable of occupation were scheduled for completion by 31 January 2021. The Regulations also provide for the supply and delivery of essential or emergency maintenance and repair services to businesses and homes (including electrical, gas, oil, plumbing, glazing and roofing services) on an emergency call-out basis. No other private housing construction activity is allowed under the Regulations. There is no provision for the payment of expenses in relation to costs incurred during the period of the restrictions.
On 30 March, the Government announced that all residential construction can resume from 12 April 2021.
453. Deputy Imelda Munster asked the Minister for Housing, Local Government and Heritage the estimated cost of extending the local authority rates waiver for tourism and hospitality to March 2022. [17609/21]
Amharc ar fhreagra454. Deputy Imelda Munster asked the Minister for Housing, Local Government and Heritage the estimated cost of extending the local authority rates waiver for tourism and hospitality to the end of 2021. [17610/21]
Amharc ar fhreagraI propose to take Questions Nos. 453 and 454 together.
In order to continue supporting businesses and ratepayers, and in recognition of the ongoing impacts of COVID 19 and the associated public health restrictions, the Government put in place a commercial rates waiver for the first half of 2021. The waiver applies to businesses most seriously affected by ongoing restrictions, with automatic eligibility extending to retail, hospitality, including hotels, pubs and restaurants, leisure and entertainment, personal services such as hairdressers and barbers, health services and various other categories.
The levying and collection of rates are matters for each individual local authority. Local authorities levy rates on property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. Valuation lists contain broad categories of commercial property and there is no distinct category for the tourism sector. Accordingly, the figures quoted in this reply are estimates only.
The estimated cost of extending the local authority rates waiver for tourism and hospitality is approximately €52.9 million per quarter, €44.2m from hospitality, and €8.7m from leisure and entertainment respectively. The estimated cost to extend the rates waiver for these categories from 1 July until the end of 2021 is approximately €105.8m million and to extend until the end of March 2022 is approximately €158.7m million.
455. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if consideration will be given to introducing measures to incentivise single persons to purchase a house given the difficulties a solo buyer will have in meeting mortgage criteria on one salary. [16307/21]
Amharc ar fhreagraIn line with the commitment to put affordability at the heart of the housing system in the Programme for Government, ‘Our Shared Future’, Government approved the priority drafting of the Affordable Housing Bill 2020 on 22 December 2020, and I published the General Scheme on 20 January 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 for purchase 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 drafting of the Bill is progressing well.
The Serviced Sites Fund supports affordable homes delivered by local authorities, funding infrastructure on local authority lands to enable the delivery of affordable homes to purchase or rent. Funding of almost €188 million has been approved in principle in support of 38 infrastructure projects in 14 local authority areas, which will assist in the delivery of almost 4,000 more affordable homes. In addition to these projects, approval in principle has also been given to three further applications for SSF funding, namely, Dublin City Council's projects in Emmet Road and Oscar Traynor Road, and Dún Laoghaire Rathdown County Council's project in Shanganagh. Affordable homes provided by local authorities via the SSF will come with an initial purchase price of between 10% and 40% below market prices, bringing many within the reach of single purchasers.
Another element of the Bill, the Affordable Purchase Shared Equity scheme, is designed to help bridge the gap, by means of an equity stake, between the mortgage people have and the price of the new home they wish to buy. This affordability measure will enable First Time Buyers, including single people, to bridge the affordability gap, allowing them to buy a new home.
As well as the affordability measures in the Bill, the Land Development Agency is 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. On establishment, the LDA had access to an initial tranche of 8 sites that have near term delivery potential for approximately 3,400 new homes. The LDA will have regard to Government policy, and all appropriate legislation, on the appropriate tenure mix for developments on public land, as well as the criteria for the operation of cost rental and affordable housing schemes. The LDA will deliver affordable homes which will be available to single buyers.
Additional affordability measures, such as the Help to buy scheme and the Rebuilding Ireland Home Loan, are already available to eligible applicants.
The Help to Buy Scheme has had 23,545 approvals by the end of February 2021, with the estimated total value of approved Help to Buy claims to date in the order of €389.2 million.
At the end of February 2021, the Rebuilding Ireland Home Loan has had 3,817 approvals. Budget 2021 confirmed that €210 million has been sanctioned for RIHL lending in 2021.
456. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to a situation in which Cork City Council refuses a transfer pathway to a person (details supplied) under the RAS scheme despite his or her eligibility for the transfer. [16321/21]
Amharc ar fhreagra457. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the recourse available to a person denied a transfer pathway under the RAS scheme in which he or she believes he or she is eligible for such a transfer and the local authority diagreess. [16322/21]
Amharc ar fhreagraI propose to take Questions Nos. 456 and 457 together.
The Housing (Miscellaneous Provisions) Act 2009 gives legislative recognition to rental accommodation availability agreements, which underpin the Rental Accommodation Scheme (RAS) as a form of social housing support. Consequently, since 1 April 2011, RAS tenants are considered to be in receipt of social housing support and should not generally remain on housing waiting lists for new applicants for social housing.
However, recognising that tenants housed through RAS prior to this change might have had reasonable expectations in regard to retaining access to traditional local authority rented accommodation, guidance issued in 2011 which recommended that there should be a special transfer pathway for pre-2011 RAS tenants to other forms of social housing support. This arrangement effectively allowed these households to be designated as a ‘transfer’ applicant and to maintain their position for allocation as they had on the main waiting list.
I have no statutory function in the decision making or processing of transfer applications in local authority dwellings. The oversight and management of housing waiting lists, including the allocation and transfer of tenancies, is a matter for the relevant local authority in accordance with the Housing (Miscellaneous Provisions) Act 2009, and associated regulations. Section 22 of the Housing (Miscellaneous Provisions) Act 2009 requires that all local authorities, as a reserved function, make an allocation scheme determining the order of priority to be accorded in the allocation of dwellings to households qualified for social housing support and to households approved for a transfer, the allocation of which would, in the opinion of the authority, meet the accommodation needs and requirements of the households.
In making their allocation schemes, authorities are required to specify, among other things, the manner of, and the order of priority for, the allocation of dwellings to households on the waiting list and households who have been approved for transfers. Local authorities assess housing applicants taking into account factors such as the condition and affordability of existing accommodation, medical and compassionate grounds, etc. The authorities then prioritise the needs of approved applicants.
Where a vacant property arises, it is a matter for individual housing authorities, in accordance with their allocation schemes, to determine whether the allocation is made to a household on the main waiting list, or to a transfer applicant, such as a household from RAS, and the method of such allocation. It is open to housing authorities to specify in their allocation schemes the proportion of allocations which will be reserved for transfers, and within this, how many may be reserved for households seeking transfers to other forms of social housing support.
If a tenant has applied for a transfer from RAS to another form of social housing and is not satisfied with the decision they receive, they can make a formal appeal in writing to the office manager of the RAS section. The tenant can then further appeal the decision to the Director of Services in the Local Authority and, if the tenant considers they have been unfairly treated or are not satisfied with the decision at that stage of the appeal, they could contact the Office of the Ombudsman. By law the Ombudsman can investigate complaints about any of the Local Authorities administrative actions or procedures. The Office of the Ombudsman provides a free, impartial and independent dispute resolution service and can be contacted at 6 Earlsfort Terrace, Dublin 2 or through the website at www.ombudsman.ie.
458. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if local authorities have the power to engage with the Residential Tenancies Board on landlords contracted to it through the RAS scheme. [16323/21]
Amharc ar fhreagra459. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if tenants have the power under the RAS scheme to engage with the Residential Tenancies Board about the local authority and-or their landlord. [16324/21]
Amharc ar fhreagraI propose to take Questions Nos. 458 and 459 together.
The Rental Accommodation Scheme (RAS) is based on a three-way relationship between the local authority, the landlord and the tenant. Under RAS, local authorities draw up contracts with landlords to provide housing, for an agreed term, to people with a long-term housing need. The local authority pays the rent directly to the landlord on behalf of the tenant. The main "landlord and tenant" relationship remains between the property owner and the RAS tenant. The property is not rented to the Local Authority, it is rented to the RAS tenant on a contractual basis. The local authority acts as agent on behalf of the tenant.
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancy Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The RTB dispute resolution service replaces the courts in relation to the majority of landlord and tenant disputes.
The Residential Tenancies Acts 2004-2020 govern the relationship between the landlord and the tenant. Under the terms of these Acts, a RAS tenancy must be registered with the RTB. If the tenancy is not registered, the landlord cannot avail of the dispute resolution services of the RTB should an issue arise with the tenancy. However, this does not affect the tenant’s right to avail of the services of the RTB. As a housing authority is neither a landlord nor a tenant under a RAS agreement, it does not have a role in the tenancy under the Residential Tenancies Act 2004 (as amended) and therefore cannot refer or be referred to the Residential Tenancies Board.
RAS landlords and tenants have the same right to refer disputes to the Residential Tenancies Board (RTB) as other private rented tenancies. The range of complaints which may be referred to the RTB is very broad, covering everything from disputed notices of termination to property damage. Third parties, such as neighbours, can also refer a dispute with the landlord to the RTB if they have been directly affected by the landlord’s failure to deal with anti-social behaviour by the tenant. Information on the rights of tenants and landlords is available from the RTB website.
460. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage if there will be another opportunity for Dublin City Council to apply for urban regeneration and development funding given that Dublin City Council was not successful in its application for €30 million from the fund for Cherry Orchard; and if there is an alternative source of funding the council could access given that this funding was essential to laying the foundation for the Parkwest-Cherry Orchard local area plan. [16331/21]
Amharc ar fhreagraThe Urban Regeneration and Development Fund (URDF), which was launched in 2018, is providing part-funding for local authority led 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. To date, there have been two calls for proposals under the URDF.
In 2019 approval in principle and provisional funding allocations issued in respect of the 87 major projects across the country for which just under €300 million has already been allocated. A second call for proposals was launched last year, and following a rigorous assessment process I have recently approved a further tranche of 45 projects which will augment the existing pipeline of transformative projects already being advanced throughout the country. There are no plans at present for a further call for proposals under the URDF.
The second call for proposals was launched in January 2020 and a copy of the circular setting out the objectives of the Fund and application conditions together with the application form and assessment criteria have been available on my Departments website since then. To assist local authorities with the application process my Department also hosted a number of workshops to provide information on the purpose of the URDF programme and the types of proposals that would be considered for support. In all 76 proposals were received, with every local authority submitting at least one application, and involving competing demands with a total combined value exceeding €2 billion. All applications were assessed in terms of their alignment with the intended purpose of the URDF programme and also their viability before being considered for approval.
Dublin City Council submitted four applications under Call 2 of the URDF of which two were successful. €174,300,554 has been provisionally approved for Dublin City Council's successful Call 2 projects - North Inner City Concept Area 1 (€121,285,388) and South Inner City Concept Area 1 (€53,015,166). This is in addition to €15,781,960 already approved for 8 projects under Call 1 bringing total URDF support for projects in the Dublin City area to €190,082,514 over both URDF calls.
Ultimately, Dublin City Council’s application in respect of proposals related to the implementation of the Park-West Cherry Orchard Local Area Plan 2019 was deemed unsuccessful following the comprehensive assessment process. A copy of the detailed assessment of this proposal will soon be provided to the applicant, Dublin City Council, following which my officials will be available to provide any further feedback and information required by City Council officials on the assessment.
461. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if consideration has been given to extend voting rights for general elections to EU citizens living here as per the Electoral Act 1992; and if he will make a statement on the matter. [16419/21]
Amharc ar fhreagraUnder Part II of the Electoral Act 1992, every person is entitled to be entered on the register of electors if that person:
- has reached the age of 18 years, and
- is ordinarily resident in a constituency in the State.
Subject to the age and residency requirements, a registered elector’s citizenship then determines the polls at which he or she is entitled to vote. Irish citizens alone are entitled to vote at all elections (i.e. local, European, Dáil, and presidential) and at referendums.
Under the Common Travel Area agreement, reciprocal arrangements are in place with regard to voting rights between Irish citizens resident in the United Kingdom and British citizens resident in Ireland. In this regard, British citizens resident in Ireland are also eligible to vote at elections to Dáil Éireann as well as at local elections.
Citizens of other Member States of the European Union may vote at European Parliament and local elections. Under European Union law, only citizens of the European Union have the right to vote (and stand for election) in European Parliament elections.
Non-EU citizens may vote at local elections only.
Under section 8 of the Electoral Act 1992, the Minister for Housing, Local Government and Heritage may by order provide for citizens of another EU Member State who are ordinarily resident in Ireland to be registered as Dáil electors on a reciprocal basis, where the Minister is satisfied that the Member State involved grants Irish citizens resident in that country the right to vote at parliamentary elections there on an equal basis with its own nationals. No such order has been made to date and I am not aware of any proposals to extend voting rights at parliamentary elections to Irish citizens resident in any other EU Member State.
While electoral law is kept under ongoing review, I currently have no plans to change the existing arrangements in respect of voting rights.
462. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage his views on the failure of Irish Water to honour a WRC agreement on the use of private contractors for the find and first-fix scheme; his plans for same; and the impact the breach of a WRC agreement will have on his July 2021 deadline for the single utility negotiations. [16420/21]
Amharc ar fhreagraSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Staffing and contractual arrangements in relation to the Find and Fix scheme, are an operational matter for Irish Water and local authorities within the context of the Service Level Agreement arrangements currently in place between them for the delivery of water services.
As Minister I have no function in relation to this matter. I fully respect the independence and integrity of the Workplace Relations Commission in addressing the matter in conjunction with the parties concerned and in line with the standard industrial relations procedures.
In relation to the broader water sector transformation programme, the Government has recently published a Policy Paper entitled Irish Water - Towards a national, publicly-owned, regulated water services utility setting out the expectations and views of Government on the next phase of transformation. The Policy Paper is available on my Department's website at https://www.gov.ie/en/publication/06326-water-sector-transformation-policy-paper/.
By setting out its views and expectations in this way, the Government is enabling stakeholders to engage meaningfully in the change process which will give them the strongest possible say in determining their own future working arrangements.
On this basis I have written to the Workplace Relations Commission on 3 March 2021 asking them to contact the parties to arrange to re-commence engagement on a Framework for the future delivery of water services.
The Government believes it will be possible to reach a collective agreement on a suitable Framework for the future delivery of water services which addresses the interests and concerns of all parties.
463. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the total allocation of funding for 2021 to address mica block and pyrite in counties Donegal, Mayo and Limerick; the number of homes expected to be remediated from the funding in each county; if the funding will be used to address pyrite in other counties; and the way in which it is planned to fund the remediation of over 1,000 council properties affected by mica block in County Donegal. [16426/21]
Amharc ar fhreagraBudget 2021 provides funding of €20 million to fund the operation of the Defective Concrete Blocks Grant scheme for the counties of Donegal and Mayo only. The number of homes which will be remediated in 2021 is dependent on a number of issues, for example, the break-down of applications and the time to progress through the approval stages. The works required can range from the lower intervention external wall replacement to full demolition and rebuild, and the preparation for and completion of such works can take considerable time. In addition, it is expected there will be Covid-19 impacts on 2021 output. Details on the number of homes remediated across both local authorities in 2021 will be known in early 2022 and full details will be made available.
Up to 10 March 2021, Mayo County Council had received 77 applications, of which 57 are stage 1 approved with 6 stage 2 applications currently under evaluation. Donegal County Council had received 234 applications of which 145 are stage 1 approved with 10 stage 2 applications currently under evaluation.
The Defective Concrete Blocks Grant scheme currently applies to Donegal and Mayo only. Any consideration of an extension to scheme to other counties would, in the first instance, require the relevant local authority to carry out a rigorous analysis of the issues locally. Such analysis would need to demonstrate that identified issues are due to the presence of excessive amounts of deleterious materials (mica or pyrite) in the aggregate used to manufacture the concrete blocks. The relevant "I.S.465" protocol would need to be followed in this regard. The extent of the problem would also need to be quantified.
In respect of local authority housing stock in Donegal, my Department has engaged with the local authority in relation to homes which may be impacted by defective concrete blocks. My Department will give due consideration to any submissions received on the matter.
Separately, my Department has recently extended the pyrite remediation scheme to include the administrative area of Limerick City and County Council, which will see homeowners of dwellings with significant damage attributable to pyritic heave in County Limerick eligible to apply for remediation works under the Pyrite Remediation Scheme.
464. Deputy James Lawless asked the Minister for Housing, Local Government and Heritage if clarity will be provided on the inclusion of divorced or legally separated couples as eligible applicants for the proposed affordable purchase shared equity scheme; and if he will make a statement on the matter. [16439/21]
Amharc ar fhreagraIn line with the commitment to put affordability at the heart of the housing system in the Programme for Government, ‘Our Shared Future’, Government approved the priority drafting of the Affordable Housing Bill 2020 on 22 December 2020, and I published the General Scheme on 20 January 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.
Budget 2021 allocated €75 million for the affordable housing purchase equity scheme. Broadly, the objectives of the scheme are to improve access and affordability of new homes for First Time Buyers, stimulate an increase in supply by improving confidence as to the viability of future housing developments to meet increased realisable demand, and support economic recovery from COVID-19 by encouraging employment in the construction and related sectors.
Work on the detailed design of the proposed scheme including eligibility criteria is ongoing and at an advanced stage. This has involved detailed consideration of all aspects of the Scheme, taking on board feedback, and in consultation with stakeholders. I can confirm that I intend to bring the completed Bill before the Oireachtas as part of the Summer legislative programme.
465. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if it is possible for a sole applicant to apply for a Rebuilding Ireland home loan in the case in which a married or other couple resides in the property. [16446/21]
Amharc ar fhreagraSingle applicants are permitted to apply for the Rebuilding Ireland Home Loan. The property being purchased must have clean title. Once the sole borrower has purchased a property with a Rebuilding Ireland Home Loan, he/she must occupy the property as their normal place of residence. A married or other couple may reside within the property with the sole borrower but they cannot have any rights in relation to the property.
466. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the impact the delay in the taking of census 2021 will have on the work of the subsequent boundary commission in advance of local elections in 2024.; and if he will make a statement on the matter. [16471/21]
Amharc ar fhreagraUnlike the position for Dáil and European Parliament constituencies, there is no constitutional or legislative requirement for the revision of local electoral areas.
Section 23 of the Local Government Act 2001 empowers the Minister for Housing, Local Government and Heritage to divide a local authority area into local electoral areas and to amend those areas. However, in advance of deciding to make an order under section 23 of the Act, the Minister must, in accordance with section 32(2) of the Local Government Act 1991, request a boundary committee to make a report having regard to such matters as may be specified by the Minister. The publication of Census of Population data is one of a number of factors that informs the preparation of terms of reference for any review of local electoral areas to be undertaken and provides a basis for the work of any Local Electoral Area Boundary Committee(s) which may be established by the Minister from time to time. The Minister must publish the report of the boundary committee and must have regard to the report of that committee when deciding to make an order in relation to the revision of local electoral area boundaries.
On 15 December 2020, the Government approved the drafting of an Electoral Reform Bill and the circulation of the Bill's general scheme to the Joint Oireachtas Committee on Housing, Local Government and Heritage for pre-legislative consideration. The general scheme addresses a number of commitments in the Programme for Government - Our Shared Future including the establishment of an independent statutory Electoral Commission. The general scheme was circulated to the Joint Oireachtas Committee on 8 January 2021 and has been published on my Department's website at https://www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020/.
The proposals in the general scheme provide that, following its establishment, the Commission will take on several existing statutory electoral functions from the outset, including the work currently undertaken by Local Electoral Area Boundary Committees. Against this background, it is likely that the next review of Local Electoral Areas would be undertaken by the Electoral Commission.
467. Deputy Danny Healy-Rae asked the Minister for Housing, Local Government and Heritage if the deadline of 30 November 2021, for registering rights of way, will be extended given the backlog of applications, and the fact that solicitors and the Courts Service may be unable to deal with applications by the deadline in view of Covid-19 and other restrictions. [16488/21]
Amharc ar fhreagraThere appears to be a misapprehension regarding the dates for registering rights of ways acquired by prescription on foot of amendments made by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 to the provisions relating to acquisition of easements and profits by prescription contained in Part 8 of the Land and Conveyancing Law Reform Act 2009.
I understand from the Property Registration Authority (PRA) that the following is the position:
1. The extension of the transitional period originally prescribed by Section 38(b) of the 2009 Act (3 years) by the aforementioned 2011 Act (extending the period to 12 years) relates simply to the period when a claim to a prescriptive right can be made by reliance on the 'old' law replaced by the 2009 Act. From 2021, reliance must be made on the 'new' law introduced by the 2009 Act; in particular, reliance must be made on the new single and shorter period of 12 years. There is no question of a cut-off point occurring in 2021 when a claim to a prescriptive right can no longer be made. All that changes in 2021 is the basis on which the prescriptive right can be claimed.
2. The new procedure for registration of a prescriptive right introduced by Section 41 of the 2011 Act is not subject to a time limit. It is a permanent procedure and, in particular, does not cease to be available in 2021. The only change which occurs in 2021 is the basis on which an application must be made to the PRA. As pointed out in (1) above, from 2021, the application will have to be grounded on the 'new' law introduced by the 2009 Act and reliance on the 'old' law repealed by that Act will cease to be possible.
This procedure is only for easements (including rights of way) acquired by prescription. If all parties agree to the registration of an easement, an application should be made by lodging the appropriate Deed of Grant.
Finally, a Practice Direction Easements and Profits à Prendre Acquired by Prescription under Section 49A is available on the PRA’s website (www.prai.ie) that covers the process relating to the registration of prescriptive easements.
468. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the number of allotments provided under the Local Government Act 2001 in each of the years 2018 to 2020, by local authority; and if he will make a statement on the matter. [16522/21]
Amharc ar fhreagraMy Department does not record the number of allotments provided under the Local Government Act 2001, and I have no function in terms of directing local authorities regarding the operation or provision of local authority allotments.
Local authorities are entirely independent corporate entities having full responsibility under law for the performance of their functions. Allotments are an operational issue for individual local authorities and the number of allotments provided in a given year is a matter each individual local authority.
