Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Wednesday, 5 May 2021

Written Answers Nos. 314-335

Covid-19 Pandemic

Ceisteanna (314)

Christopher O'Sullivan

Ceist:

314. Deputy Christopher O'Sullivan asked the Minister for Housing, Local Government and Heritage if he will provide a hardship payment to cover the period during which persons building new homes have not been able progress the construction of their homes due to level 5 restrictions but during this period have had to pay both rent, accommodation fees and mortgage; and if he will make a statement on the matter. [17210/21]

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 6pm on Friday 8 January, with a number of exceptions. These measures were set out in The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (as amended).

With regard to private housing development, the Regulations provided 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 provided 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 was 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 could resume from 12 April 2021.

Departmental Investigations

Ceisteanna (315)

John McGuinness

Ceist:

315. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage the outcome of the investigation into complaints by a person (details supplied); the actions taken by his Department to address the issues raised; and if he will make a statement on the matter. [23137/21]

Amharc ar fhreagra

Freagraí scríofa

My Department has undertaken a very detailed analysis of the complaints in question, as well as the response of the local authority concerned, and the matter will shortly be submitted for final decision.

This process must comply with the general principles of natural justice and fair procedures including, as appropriate, for third parties who have been named by the complainant. While this process may have taken longer than anticipated, I am satisfied that the matter is being advanced to conclusion.

Housing Assistance Payment

Ceisteanna (316)

Fergus O'Dowd

Ceist:

316. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if he will consider increasing the discretionary housing assistance payment rates for County Louth in view of the very significant increases in private home rental costs since the pandemic began in particular for single persons or couples on low income who are finding it more difficult to source affordable housing assistance payment tenancies; and if he will make a statement on the matter. [23169/21]

Amharc ar fhreagra

Freagraí scríofa

Under the HAP scheme, tenants source their own accommodation in the private rented market. The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned.

Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit to secure appropriate accommodation for a household that requires it, or up to 50% in the case of homeless households in the Dublin region. It is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted.

At end 2020, 37.9% of the total number of households being supported by HAP in Louth were benefiting from the additional flexibility. In those cases, the average rate of discretionary payment being used was 17% above rent limits provided.

My Department keeps HAP rent limits under constant review, as well as the use of discretion by local authorities. I am satisfied that the current maximum rent limits, together with the additional flexibility available to local authorities, are generally sufficient to support the effective operation of the HAP scheme. However, I continue to keep the matter under review.

All households in receipt of HAP pay a differential rent based on the rent scheme set by the relevant local authority. The right of local authorities to set and collect rents on their dwellings is set out in section 58 of the Housing Act 1966. The making or amending of such schemes is an executive function and is subject to broad principles laid down by my Department including that; the rent payable should be related to income and a smaller proportion of income should be required from low income households; and that provision should be included for the acceptance of a lower rent than that required under the terms of the scheme in exceptional cases where payment of the normal rent would give rise to hardship.

Local discretion and flexibility are inherent in the devolved function of administering rent schemes. Decisions regarding the increase or decrease in the rent charged to tenants of local authorities are matters for individual local authorities in accordance with its differential rent scheme.

Housing Adaptation Grant

Ceisteanna (317)

Colm Burke

Ceist:

317. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage the engagement he has had with local authorities regarding their share of the funding for grant schemes to support persons with a disability and older persons to carry out adaptation works to their homes and the operation of such schemes to ensure as many persons as possible benefit; and if he will make a statement on the matter. [23194/21]

Amharc ar fhreagra

Freagraí scríofa

In respect of the Disabled Persons Grants Scheme for Local Authority Tenants, all local authorities were asked to submit details of their work proposals and related funding requirements for 2021. These work proposals are being evaluated and the individual funding allocations for 2021 will issue shortly. In the interim, in order to avoid any delay in undertaking works, local authorities were advised earlier this year that they could proceed with works of up to the value of 65% of their 2020 allocation.

Separately, funding allocations for 2021 under the Housing Adaptation Grants for Older People and People with a Disability Scheme, for private houses, were issued to all local authorities on 1 March and are publicly available on my Department’s website at the following link:

https://www.gov.ie/en/press-release/0da3f-minister-obrien-minister-burke-announce-75m-fund-to-improve-homes-of-older-people-people-with-a-disability/

Question No. 318 answered with Question No. 88.

Housing for People with Disabilities

Ceisteanna (319)

Cian O'Callaghan

Ceist:

319. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if his Department will conduct a review of all housing schemes for persons with long-term illness or disabilities in order to ensure they are made accessible to everyone regardless of means and to bring them in line with current building costs; and if he will make a statement on the matter. [23199/21]

Amharc ar fhreagra

Freagraí scríofa

The National Housing Strategy for People with a Disability (NHSPWD) 2011-2016 was published in late 2011 and extended to 2021. It is a joint strategy between my Department and the Department of Health which sets out the Government’s broad framework for the delivery of housing for people with disabilities through mainstream housing policy. The Strategy was developed as part of a coherent framework of housing and health care supports for people with disabilities and compliments the Government’s mental health policies as set out in the strategy documents - A Vision for Change and the Report of the Working Group on Congregated Settings Time to Move On (2011).

Housing accommodation for persons with a disability can be provided by the local authorities and approved housing bodies with funding from central government through two mainstream capital programmes; the Capital Assistance Scheme and the Capital Advance Leasing Facility.

Persons with disabilities are entitled to apply for a housing support assessment in the same manner as other citizens. If they have specific needs and these are specified as a basis of application, and supported by medical evidence, they will be taken into account in allocating a dwelling as local authorities strive to provide housing that is tailored to the needs of the individual to enable them to manage their disability in a more effective manner. In the case of private rented accommodation a person with a disability may source their own accommodation and be supported through the Housing Assistance Payment.

Persons with a disability make up approximately 8% of those on local authority housing waiting lists. Since 2016, allocations of homes to persons with a disability has ranged from 10-12% of all allocations. The existing strategy is under review and public consultation and research has begun. It is intended that a new strategy will be published by the end of 2021.

Housing Adaptation Grant

Ceisteanna (320)

Cian O'Callaghan

Ceist:

320. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if his Department will take steps to remove financial barriers that prevent persons from availing of housing adaptation and repair schemes; and if he will make a statement on the matter. [23212/21]

Amharc ar fhreagra

Freagraí scríofa

My Department provides funding to local authorities for the Housing Adaptation Grants for Older People and People with a Disability scheme. These schemes assist eligible applicants living in privately owned homes to make their accommodation more suitable for their needs.

The grants available operate on a sliding scale with the highest percentage grants available to those with the lowest incomes. The schemes are means tested and grant assistance is not available to applicants whose household income, after disregards and deductions, exceeds €60,000 per annum. A review is being undertaken this year by officials of my Department in relation to the means test criteria.

Local authorities, in administering the scheme, will always try to work with qualifying applicants to secure the most beneficial outcome possible in line with their financial circumstances and Scheme parameters.

Further detail on these schemes is available at the following link:

https://www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/

Building Regulations

Ceisteanna (321)

Steven Matthews

Ceist:

321. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the Departmental working group that was set up to investigate potential amendments to building regulations to require changing places (details supplied) in suitable public buildings; and if he will make a statement on the matter. [23213/21]

Amharc ar fhreagra

Freagraí scríofa

The Building Regulations 1997-2019 set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around such buildings. They are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation.

Part M of the Building Regulations deals with Access and Use. The associated Technical Guidance Document M provides guidance indicating how the requirements of Part M can be achieved in practice. Where works are carried out in accordance with TGD M, this will, prima facie, indicate compliance with Part M of the Second Schedule of the Building Regulations.

Part M of the Building Regulations aims to foster an inclusive approach to the design and construction of the built environment. While the Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to have regard to the design philosophy of universal design and to consider making additional provisions where practicable and appropriate.

In December 2020, my Department established a Working Group to examine the provision for a changing places toilet in certain buildings. A changing places toilet offers larger supported facilities that address the needs of people for whom current accessible sanitary accommodation is inadequate. These facilities enable people with complex care needs to take part in everyday activities such as travel, shopping, family days out or attending a sporting event.

The plenary Working Group has met four times to date, in addition to a number of sub-group meetings. Draft documentation, which includes Draft Building Regulations (Part M Amendment) Regulations 2021, Draft Technical Guidance Document M – Access and Use 2021 and a Regulatory Impact Analysis, is currently being prepared to support a public consultation in the matter later this year.

Planning Guidelines

Ceisteanna (322)

Steven Matthews

Ceist:

322. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the roll-out of a nationwide e-planning system; and if he will make a statement on the matter. [23214/21]

Amharc ar fhreagra

Freagraí scríofa

The ePlanning project which is currently being developed seeks to integrate the IT systems of the 31 planning authorities using a single online portal allowing for the online submission of planning applications, appeals, submissions and associated fees. Once fully rolled out, ePlanning will provide an online option for the public to engage with the planning system, in addition to the paper based system.

The Local Government Management Agency (LGMA) is managing and co-ordinating the development of the ePlanning project on behalf of the Department. The experience of operating the planning system during the Covid19 pandemic has highlighted the important role that online technology would make in the future. The proposed system is now in its final stages of development and testing further to which it is envisaged that the LGMA's rollout of ePlanning nationwide to all planning authorities will be completed on a phased basis by end Q2 2022.

Cultural Objects

Ceisteanna (323)

Aengus Ó Snodaigh

Ceist:

323. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage his policy on the growing calls for heritage obtained through plunder or colonialism to be repatriated. [23224/21]

Amharc ar fhreagra

Freagraí scríofa

The acquisition of objects of cultural heritage interest is primarily a matter for the National Museum of Ireland, and the museum sector, which are under the aegis of the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media. I have no function in the matter and any movement on repatriating objects in areas such as those mentioned by the Deputy, would need to be considered in its international context.

Legislative Programme

Ceisteanna (324)

Marc Ó Cathasaigh

Ceist:

324. Deputy Marc Ó Cathasaigh asked the Minister for Housing, Local Government and Heritage the status of the ongoing work undertaken by his Department on Ireland’s marine protected areas and particularly on the preparation of appropriate legislation for meeting the targets in line with international and EU agreements on marine protected areas; and if he will make a statement on the matter. [23244/21]

Amharc ar fhreagra

Freagraí scríofa

The final report of the MPA Advisory Group - established in 2019 to provide independent expert advice and recommendations on potential processes and requirements for expanding Ireland’s marine protected areas network - is now undergoing an extensive public consultation.

The public consultation process began on Wednesday 17 February 2021 and will remain open until Friday 30 July 2021 with a consultation questionnaire and a copy of the report available at

https://www.gov.ie/ga/comhairliuchan/comhairliuchan-poibli-ar-thuarascail-ghrupa-comhairleach-saineolaithe-dar-teideal-lionra-na-limistear-muiri-faoi-chosaint-in-eirinn-a-leathnu-amach/

https://www.gov.ie/en/consultation/45271-public-consultation-on-expert-advisory-group-report-entitled-expanding-irelands-marine-protected-area-network/

The consultation encourages all stakeholders and the wider public to get involved by sharing their views on the process by which Ireland’s network of MPAs is to be expanded.

Informed by the Expert Advisory report and consultation response, my Department intends to begin developing legislation on MPAs later in 2021. This work is likely to continue into 2022 so that, in accordance with the Programme for Government, Ireland can realise our outstanding target of 10% MPA coverage of our maritime area as soon as is practicable and also facilitate the achievement of our aim for 30% coverage by 2030.

National Parks and Wildlife Service

Ceisteanna (325)

Marc Ó Cathasaigh

Ceist:

325. Deputy Marc Ó Cathasaigh asked the Minister for Housing, Local Government and Heritage when the ongoing review of the National Parks and Wildlife Services will be completed; if an action plan will be put in place to address the recommendations of the review; and if he will make a statement on the matter. [23245/21]

Amharc ar fhreagra

Freagraí scríofa

The NPWS review is underway with three distinct strands being undertaken concurrently.

- Strand one is focusing on stakeholder engagement (internal and external)

- Strand two is focusing on reviewing the capacity and resources of the NPWS.

- Strand three consists of a comparative desktop analysis of resources/structures of similar organisations in other jurisdictions and an overview of the role and responsibilities of other state bodies and their relationship with NPWS.

The findings of these three strands will inform the final report, which is being prepared by the Independent Chair, Prof Jane Stout of Trinity College Dublin.

Waterways Issues

Ceisteanna (326)

Niamh Smyth

Ceist:

326. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage the details of the project his Department is rolling out on a phased basis for the Ulster Canal in Clones, County Monaghan. [23249/21]

Amharc ar fhreagra

Freagraí scríofa

Ulster Canal Restoration Phases

Phase 1 of the Ulster Canal restoration project is complete. This involved the restoration of a 2.5 km stretch of the Ulster Canal from Upper Lough Erne in County Fermanagh to the International Scout Centre at Castle Saunderson near Belturbet in Co. Cavan. The navigation channel on the River Finn up to Castle Saunderson is now open to waterway users, the channel having been dredged where required. Approximately 1 km downstream of Castle Saunderson a new navigation bridge has been constructed beside Derrykerrib Bridge, together with a new short lateral canal. The Cavan County Council site at Castle Saunderson is now accessible by water through the provision of a new floating public jetty by Waterways Ireland.

Phase 2 of the Ulster Canal (Clones to Clonfad) will comprise:

Phase two of the Ulster Canal restoration focuses on the restoration of the canal between Clones and Clonfad in County Monaghan and includes;

- New canal basin with capacity for 40 berths, (water recreation park) at Clones,

- Slipway,

- Service Block with toilets & showers,

- Tourism and Recreation facilities,

- New access bridge(s),

- Circa 1km of new canal with towpaths,

- 1.5km looped Walking and Cycling route along banks of canal,

- Refurbishment of existing masonry arch bridge,

- Reimagined public realm & amenity area with parking.

€12.2m in funding for Phase 2 has been provided from a combination of the Shared Island Fund and from the Rural Regeneration & Development Fund (RRDF) and works should commence this Summer.

Phase 3 of the Ulster Canal (Clonfad to Castle Saunderson) is a 10km stretch of the canal through Fermanagh and Monaghan which will link Phases 1 and 2 together. This will complete access from Clones to the River Shannon via Lough Erne and the Shannon-Erne Waterway system thus attracting visiting craft and their occupants to Clones from the connected Waterways Ireland network from destinations as far away as Limerick and the Barrow in the south-east.

In December 2020, the Shared Island Unit awarded €1m towards additional works to develop outline designs and revisit cost estimates and delivery timelines for this phase. This work is advancing.

Urban Regeneration and Development Fund

Ceisteanna (327)

Brendan Griffin

Ceist:

327. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage the anticipated timeline for drawdown in respect of recently allocated urban regeneration and development fund funding for Tralee and Killarney, County Kerry; if further funding calls under the fund will issue soon; and if he will make a statement on the matter. [23250/21]

Amharc ar fhreagra

Freagraí scríofa

The Urban Regeneration and Development Fund (URDF) was launched in 2018 to support more compact and sustainable development. The URDF is one of four funds established under the National Development Plan 2018-2027 and the Department of Housing, Local Government and Heritage has responsibility for its implementation.

The Fund is providing part-funding for applicant-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.

The URDF, as a key activator of the National Planning Framework (NPF) and Project Ireland 2040 (PI2040), is supporting a programme of significant transformational capital 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 NPF and PI2040.

All applications for URDF support are assessed in terms of their alignment with the intended purpose of the URDF programme and also their viability before being considered for approval.

Under Call 2 of the URDF, a total of €32,005,146 has been provisionally allocated for Kerry County Council's successful Call 2 projects; Destination Killarney was allocated €16,068,429 while Positioning Tralee as a Regional Economic Driver & Destination Town was allocated €15,936,717.

In the coming weeks, my Department will issue a formal approval in principle letter in respect of these successful proposals to Kerry County Council, which will set out the arrangements and conditions attached to URDF support.

While my Department works closely with the successful applicants in respect of project funding, responsibility for the advancement of URDF supported projects through the various stages of planning, development and completion is, in the first instance, a matter for the Sponsoring Agency, in this case Kerry County Council.

In this regard, it should be noted that all URDF supported projects must be carefully developed and managed by the Sponsoring Agency in accordance with the normal conditions and arrangements that apply to public sector managed projects including, exercising appropriate cost control and delivering projects as approved, and in full compliance with the Public Spending Code.

Wild Fires

Ceisteanna (328)

Brendan Griffin

Ceist:

328. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage his plans to aid the recovery of Killarney National Park following recent devastating fires; and if he will make a statement on the matter. [23251/21]

Amharc ar fhreagra

Freagraí scríofa

The cause of the fire in Killarney is still being investigated and the full impacts will take some time to ascertain. Staff of the National Parks and Wildlife Service (NPWS) are presently conducting work to assess the initial impacts of the fire. Staff are currently mapping the entire boundary of the fire and using satellite data to assess the area burnt. Conservation Rangers are undertaking internal mapping of the area burnt; conducting preliminary assessments of the impacts and severity of the fire on various habitats and vegetation types. NPWS Officials are also preparing specifications for a comprehensive, in-depth assessment of the long-term effects of the fire, and where restoration efforts can be concentrated.

We will also work to enhance the activity programme at the Park this year and we are advancing a significant number of capital projects too - all designed to enhance the visitor experience. I am grateful that through the speedy actions of NPWS and Fire Service staff, the vaunted ancient woodlands and other important habitats were saved from the fire. I want to commend all of the public services and volunteers involved in the gargantuan effort over the tumultuous days of the weekend before last.

My Department is committed to investing in the protection of our Natural Heritage estate. In addition to the considerable resources already made available as part of Budget 2021, I recently announced that the ranger recruitment process presently underway would be accelerated to facilitate the engagement of 60 additional Conservation Rangers around the country, to add to the resources available to deal with a range of functions, including wildlife crime. Many of these new recruits will be deployed to the southern region and to Killarney National Park. I've also asked that the NPWS locally to augment their local fire patrols by deploying the Killarney Meitheal group to carry out patrols too. This is a hugely valued volunteer corps and, like the huge response of Kerry people, wasn't found wanting either the weekend before last.

Social and Affordable Housing

Ceisteanna (329)

Niamh Smyth

Ceist:

329. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage the way his Department is rolling out affordable housing in counties Cavan and Monaghan; and if he will make a statement on the matter. [23252/21]

Amharc ar fhreagra

Freagraí scríofa

This Government is absolutely committed to ensuring that affordable, quality housing solutions are available to everyone in Irish society and this is reflected in the Programme for Government "Our Shared Future".

I am currently progressing two affordable purchase schemes. The first of these entails the delivery of affordable homes by local authorities. To support this, under the Serviced Sites Fund, €310 million has been allocated to provide infrastructure to support the delivery of more affordable homes on local authority lands. With a maximum of €50,000 funding available per home, at least 6,200 more affordable homes, to buy or rent, can be facilitated. To date, Serviced Sites Funding of €198 million has been approved in principle in support of 39 projects in 14 local authority areas, which will assist in the delivery of over 4,200 affordable homes. All Serviced Sites Fund proposals are assessed on the basis of economic analyses submitted by local authorities, which are required to verify local affordability challenges, project viability, and the ability to deliver affordable homes with at least a 10% discount on open market values.

Whilst an application for Serviced Sites funding has not been made by either Cavan or Monaghan County Councils to date, it is open to both local authorities to do so should they identify an affordable housing challenge and the viability to deliver homes against the above-mentioned criteria.

Separately, a new National Affordable Purchase Shared Equity scheme is currently being designed for private developments. My intention is that this measure will be available nationally. It will help bridge the gap, by means of an equity stake purchased by the State, between the maximum mortgage available to eligible households and the price of the new home they wish to buy. The objective of the scheme will be to increase housing supply by activating viable planning permissions and to enable First Time Buyers to buy a new home at a price they can afford.

In the meantime both the Help to Buy and the Rebuilding Ireland Homeloan remain available to eligible purchasers to make the cost of housing more affordable.

Tenant Purchase Scheme

Ceisteanna (330)

Éamon Ó Cuív

Ceist:

330. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when he plans to publish revised rules for the tenant purchase incremental scheme 2016; the reason for the delay with same; and if he will make a statement on the matter. [23257/21]

Amharc ar fhreagra

Freagraí scríofa

The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.

A review of the first 12 months of the Scheme’s operation has been undertaken. In addition, the Programme for Government commits to maintaining the right of social housing tenants to purchase their own home with some changes to eligibility. The review and the commitments in the Programme for Government are being examined as part of the work on the broader social housing reform agenda. I expect to be in a position to finalise changes to the Scheme once the work on these reform measures is complete.

Local Area Plans

Ceisteanna (331)

Éamon Ó Cuív

Ceist:

331. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the consideration he has given to the difficulty faced by councillors faced with county and city plans, many of them running to thousands of pages including back-up documents, in dealing with them through virtual meetings within very tight timeframes; if he plans to take action to allow more time for them to consider these plans fully given that they will have a major bearing on the future of their local authority areas; and if he will make a statement on the matter. [23258/21]

Amharc ar fhreagra

Freagraí scríofa

The current circumstances have presented challenges which have required us to examine how essential work in the planning domain can advance in a safe manner. My Department is particularly mindful in this regard of the important role that the planning and development system plays in supporting the economic development of the country, and the vital role which it will play in supporting social and economic recovery from the Covid-19 pandemic.

Planning has been classified as an “essential service” since 2020 and so the planning system has remained operational throughout 2021. My Department has been working closely with the City and County Management Association and the Local Government Management Agency, An Bord Pleanála and the Office of the Planning Regulator, in seeking to ensure that the planning system continues to operate effectively.

As part of the ongoing process of liaison it has become apparent that in some cases, it may be of benefit to enable the possibility of additional time for the consideration of city and county development plans. This would be to enable the plan preparation process to extend beyond the two year cut-off period specified in planning legislation.

I can confirm that Minister O'Brien and I have requested officials to draft legislative proposals that would give effect to the option of an additional period of up to six months, should that be required, for the completion of any city or development plan process that has either commenced or is underway during level 5 Covid restrictions. This would mean that any stage of ongoing development planning processes could benefit from additional time ranging from 1 day to six months, as required. Subject to Government approval, it is expected to bring proposals forward in the coming weeks, for as early enactment as possible.

Local Authority Services

Ceisteanna (332)

Brendan Griffin

Ceist:

332. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage the obligations on local authorities to engage with and inform local Houses of the Oireachtas members following the abolition of the dual mandate; the measures his Department is taking to ensure that these obligations are being met; the checks that his Department has carried out in this regard; and if he will make a statement on the matter. [23279/21]

Amharc ar fhreagra

Freagraí scríofa

Section 237A of the Local Government Act 2001 (as amended) provides that local authorities shall conduct their dealings with members of the Oireachtas in accordance with regulations.

Local Government Act, 2001 (Section 237A) Regulations, 2003 (S.I. 274 of 2003), which came into operation on 1 August 2003, provide for the question of local authorities and their dealings with members of either House of the Oireachtas.

The regulations include provisions in relation to the supply of notice, agenda and minutes of local authority meetings and other specified documentation or information, correspondence with Oireachtas members by local authorities, arrangements to facilitate access to information, and communication generally by local authorities with Oirechtas members. The regulations can be found here: http://www.irishstatutebook.ie/eli/2003/si/274/made/en/print

It is a function of a local authority to ensure that it is in compliance with the regulations.

Election Management System

Ceisteanna (333)

Alan Farrell

Ceist:

333. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage the level of access to postal voting that will be given to the electorate in advance of the forthcoming by-election in the constituency of Dublin Bay South; and if he will make a statement on the matter. [23280/21]

Amharc ar fhreagra

Freagraí scríofa

Postal voting at elections, including bye-elections, is provided for in electoral law in respect of a number of categories of electors, including: -

- Irish diplomats serving abroad and their spouses/civil partners,

- whole-time members of the Defence Forces,

- members of An Garda Síochána,

- electors living at home who are unable to vote because of a physical illness or a physical disability,

- certain election staff employed at the poll outside the constituency where they reside,

- full-time students registered at their home who are living elsewhere while attending an educational institution in the State,

- prisoners, and

- electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day.

The Programme for Government - Our Shared Future contains a commitment to establish an Electoral Commission, which will be mandated to examine the use of postal voting, with a view to expanding its provision. Any reform of electoral law in regard to postal voting will have regard to the outcome of this work.

In regard to the establishment of an Electoral Commission, the Government approved the General Scheme of an Electoral Reform Bill in December 2020, which, inter alia, provides for the establishment of the commission. The General Scheme was published in January 2021 and is available on my Department's website at the following link: https://www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020/. The Joint Oireachtas Committee on Housing, Local Government and Heritage is currently carrying out pre-legislative scrutiny on the General Scheme.

Water Supply

Ceisteanna (334)

Alan Farrell

Ceist:

334. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage the number of identified private water supplies; the efforts made to ensure their safety; and if he will make a statement on the matter. [23281/21]

Amharc ar fhreagra

Freagraí scríofa

Private water supplies are those supplies not operated by Irish Water and includes group water schemes, small private supplies and individual private water supplies, otherwise known as individual household wells.

Under the European Union (Drinking Water) Regulations 2014, as amended (“the Regulations”), local authorities must maintain a register to record the details for each water supply for which it is a supervisory authority.

The Environmental Protection Agency (EPA) supervises the performance by Irish Water and each local authority of their monitoring functions under the Regulations. The EPA produces annual reports that provide an overview of both the quality and enforcement activity concerning private water supplies, including information on the numbers of supplies. The most recent relevant EPA reports are Focus on Private Water Supplies 2019, and Drinking Water Quality in Public Supplies 2019.

Local authorities, in their role as supervisory authority under the Regulations, are responsible for ensuring that all regulated private supplies meet their regulatory requirements. This includes the monitoring of compliance of these supplies, investigation where water quality standards are not met and taking enforcement action if appropriate.

In addition, where a local authority is aware of a potential danger to human health from the quality of an “exempted supply”, as defined in the Regulations, it has an obligation to provide advice accordingly to the owners of such supplies. Exempted supplies are outside the scope of the monitoring requirements of the Regulations. It is the responsibility of the water supplier to ensure that the water they provide is safe to drink.

My Department is responsible for the formulation of policy and legislation in relation to water services including drinking water quality, and makes funding available to the private water sector through the Rural Water Programme. Further information on the Rural Water Programme can be found on my Department's website.

Funding is provided under the Rural Water Programme to support the National Federation of Group Water Schemes (NFGWS), a representative organisation for the community-owned group water scheme sector in Ireland. The NFGWS works with local authorities and individual group water schemes to identify and address ongoing water quality issues and risks.

As part of its revised Terms of Reference, the Rural Water Working Group, which was established in 2018, will consider the broader measures required to improve quality outcomes for private water supplies.

Departmental Legal Costs

Ceisteanna (335)

Peadar Tóibín

Ceist:

335. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the amount in legal fees incurred by his Department in 2020 and in each of the years 2000 to 2020. [23573/21]

Amharc ar fhreagra

Freagraí scríofa

My Department seeks, where possible, to minimise legal costs and avails of the services of the Chief State Solicitor's Office, the Attorney General's Office and the State Claims Agency in terms of the provision of legal advice and representation of the Department in Court cases.

The below table sets out details in relation to external legal services provided directly to my Department by legal firms from 2011 to 2020. Details of legal fees arising prior to 2011 are not readily available and their compilation would involve a disproportionate amount of time and work. The table does not include costs associated with the Planning Tribunal.

Legal Fees 2011–2020

Year

Total (€)

2020

546,799

2019

488,864

2018

397,656

2017

224,265

2016

22,407

2015

20,767

2014

42,032

2013

87,882

2012

69,314

2011

106,710

Barr
Roinn