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Gnáthamharc

Thursday, 20 May 2021

Written Answers Nos. 233-247

Wildlife Protection

Ceisteanna (235)

Bernard Durkan

Ceist:

235. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the extent to which efforts are being made to protect the yellow hammer; and if he will make a statement on the matter. [27399/21]

Amharc ar fhreagra

Freagraí scríofa

Yellowhammer is a Red-listed species in Ireland due to significant range declines (-57% since 1968-72) with the species now largely restricted to eastern and southern counties. However, more recent population trends for 1998-2016 (as indicated by the Countryside Bird Survey) are showing a stable population trend (+4%).

One of the most important measures to protect Yellowhammer is the protection of hedgerows from cutting during the breeding season as catered for in the Wildlife Acts. In terms of other conservation efforts to support Yellowhammer, there are a number of agri-environment measures under the current national agri-environment scheme GLAS (the Green, Low-Carbon, Agri-Environment Scheme) that promote the establishment and management of hedgerows e.g. coppicing hedgerows, laying hedgerows, planting new hedgerows, which may also benefit Yellowhammer.

In addition, the arable margins and wild bird cover measures under this scheme should also be beneficial to Yellowhammers and other seed-eating farmland birds.

Horticulture Sector

Ceisteanna (236)

Matt Carthy

Ceist:

236. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage when the report of the working group established to examine the issues identified during the review of the use of horticultural peat will be published; and if he will make a statement on the matter. [27138/21]

Amharc ar fhreagra

Freagraí scríofa

Under an independent chairman, Dr. Munoo Prasad, I have established a working group to examine the issues which had been identified during the Review of the use of Peat Moss in the Horticultural Industry.

It is comprised of representatives of the relevant Government Departments, State Bodies, Environmental Non-Governmental Organisations and of various sectors within the horticultural industry. It is envisaged that the final recommendations of the chairman will be issued to me within a maximum of 6 months of the establishment of the working group.

The working group has already held a number of meetings. The legislative provisions in relation to horticultural peat extraction and the potential of alternatives to the use of peat moss in the horticultural industry have been discussed at these meetings.

A draft interim report of the chairman is under consideration within the working group.

Horticulture Sector

Ceisteanna (237)

Matt Carthy

Ceist:

237. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage if it will be ensured that the harvesting of horticultural peat can resume for the duration of 2021 in response to the rising prices and increased negative environmental impact of importing horticultural peat in place of a domestic source. [27139/21]

Amharc ar fhreagra

Freagraí scríofa

I have neither statutory nor Ministerial responsibility for the harvesting of peat for use in horticulture. However, to assist in addressing the question of horticultural peat extraction, in particular, for use within the horticultural sector in Ireland, I established a working group under an independent chairman, Dr. Munoo Prasad, to examine the issues which had been identified during the Review of the use of Peat Moss in the Horticultural Industry. The working group is comprised of representatives of the relevant Government Departments, State Bodies, Environmental Non-Governmental Organisations and of various sectors within the horticultural industry.

It is envisaged that the recommendations of the chairman will be issued to me within 6 months of the establishment of the working group (around September 2021).

The working group has already held a number of meetings. The legislative provisions in relation to horticultural peat extraction and the potential of alternatives to the use of peat moss in the horticultural industry have been discussed at these meetings.

A draft interim report of the chairman is under consideration within the working group.

Heritage Sites

Ceisteanna (238, 239)

Martin Browne

Ceist:

238. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the current efforts to obtain UNESCO world heritage status for the Rock of Cashel; the supports his Department plans to provide in relation to the bid; and if he will make a statement on the matter. [27185/21]

Amharc ar fhreagra

Martin Browne

Ceist:

239. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if his Department has specific funding and staff responsible for securing UNESCO heritage status for historic sites in Ireland; if so, the budget for this work; and if he will make a statement on the matter. [27186/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 238 and 239 together.

I refer the Deputy to the reply to Questions Nos. 398 and 399 of 18 May 2021 which set out in detail my Department's engagement with, and advice and supports to, relevant local bodies in relation to the ongoing review of the current UNESCO World Heritage Tentative List.

That reply also clarified that the closing date for applications for inclusion in the updated Tentative List is 30 June 2021 and that it is anticipated that an application will be forthcoming in relation to the Rock of Cashel as part of a Royal Sites of Ireland nomination.

Responsibility within my Department for World Heritage matters is vested in the National Monument Service where it benefits from the wide range of professional and operational expertise, and the financial and other resources, that are available for the promotion and safeguarding of our archaeological heritage.

Question No. 239 answered with Question No. 238.

Derelict Sites

Ceisteanna (240)

Niall Collins

Ceist:

240. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if an application of the derelict sites levy monthly charge was suspended during the previous Covid-19 lockdowns and suspension of construction and related activities; if a person now levied for these periods can claim relief from these charges; and if he will make a statement on the matter. [27187/21]

Amharc ar fhreagra

Freagraí scríofa

The Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site.

Local authority powers include requiring owners or occupiers to take appropriate measures on derelict sites, acquiring derelict sites by agreement, or compulsorily, and applying a derelict sites levy on derelict sites. It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.

Under the Act, local authorities are required to maintain a derelict sites register, which includes the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry, of any land which, in the opinion of the local authority, is a derelict site. Under section 8(5) of the Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. Members of the public can engage with their local authority in relation to addressing individual derelict sites in their local areas.

Under the Planning and Development (Amendment) Act 2018, both the Derelict Site Levy and the Vacant Site Levy increased from 3% to 7% of the market valuation of relevant sites with effect from January 2020. These levies are applied annually for as long as relevant sites remain derelict or vacant. This change in the rate of the levies is intended to ensure that the levies have more meaningful impact and that the powers of local authorities in tackling dereliction and vacancy are strengthened for the purpose of bringing relevant sites into productive use, thereby facilitating urban regeneration and development in designated areas while also combatting land hoarding.

To address the potential impacts of COVID-19 on the effective operation of the planning system, all planning timelines were extended for a period of eight weeks from 29th March 2020 to 23rd May 2020.

In this connection, section 9 of the Emergency Measures in the Public Interest (COVID-19) Act 2020 inserted a new provision (section 251A) into the Planning and Development Act, 2000, as amended, (the Act) which allowed for planning timeframes to be disregarded for a period specified by order. This included the Derelict Sites Acts 1990.

Subsequently, the Government made a number of orders under section 251A(4) of the Act which ultimately had the effect that the eight-week period from 29 March to 23 May 2020, inclusive, could be disregarded by planning authorities and An Bord Pleanála when calculating any appropriate period, specified period, or other timelines in specified planning legislation, again including the Derelict Sites Act 1990.

The claiming of relief from charges levied under the Derelict Sites Act 1990 during these periods is a matter for the relevant local authority and the site owners involved.

Local Authorities

Ceisteanna (241, 242)

David Cullinane

Ceist:

241. Deputy David Cullinane asked the Minister for Housing, Local Government and Heritage if a UK public service employee that applies for and receives a similar position in a local authority here is placed at the bottom of the local authority pay scale; if not, if their previous years of employment will be considered; and if he will make a statement on the matter. [27213/21]

Amharc ar fhreagra

David Cullinane

Ceist:

242. Deputy David Cullinane asked the Minister for Housing, Local Government and Heritage the reason the service of a person (details supplied) is not taken into account on recognition for the relevant pay scale; and if he will make a statement on the matter. [27221/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 241 and 242 together.

With effect from 1 January 2011 all new appointees recruited from open competitions to direct entry grades in the Public Service must start at the first point of the relevant pay scale.

The appointment to an Irish local authority of persons who are not serving employees of an Irish local authority on or after 1 January 2011 therefore must be at the minimum point of the scale.

Question No. 242 answered with Question No. 241.

Housing Issues

Ceisteanna (243)

Ruairí Ó Murchú

Ceist:

243. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 121 of 12 May 2021, the number of properties to date in rent pressure zones by local authority in respect of quarter 1 2021 data that have been identified as potentially in breach of short-term lettings regulations; the number of site inspections that have taken place; the number of change of use planning applications received; the number of warning letters issued (details supplied); and if he will make a statement on the matter. [27247/21]

Amharc ar fhreagra

Freagraí scríofa

The deadline for the receipt of Quarter 1 2021 returns from local authorities in relation to short-term letting was Friday 14 May last. As of 19 May, 12 of the 22 local authorities impacted by the short-term letting regulations have submitted their returns. My Department is following up on the outstanding returns and will update the available data as returns are received.

My Department does not collate data regarding site inspections of short-term letting properties. However, it requests information regarding the number of investigations commenced, which may lead to a site investigation in certain circumstances. This and the other information, available as of 19 May, requested by the Deputy is included in the table below:

Planning Authority

Number of properties potentially in breach of Regs (latest figures)

Number of investigations commenced

(total)

Change of use applications received

(total)

Warning letters issued

(total)

Carlow

0

18

0

3

Cork County

382

8

0

6

Cork City

534

34

3

0

Dun Laoghaire Rathdown

1

68

0

114

Dublin City

573

1,897

70

1,820

Fingal

0

38

0

38

Galway City

0

36

5

16

Galway County

0

1

0

0

Kerry

0

7

1

11

Kildare

6

22

0

5

Kilkenny

39

52

1

4

Laois

40

23

10

13

Limerick

30

12

3

0

Louth

141

382

4

81

Meath

0

2

3

0

Offaly

0

0

0

0

Sligo

11

0

1

0

South Dublin

0

122

0

42

Waterford

11

66

0

57

Westmeath

0

0

1

0

Wexford

5

23

0

33

Wicklow

40

136

1

9

Total

1,813

2,947

103

2,252

State Bodies

Ceisteanna (244)

John McGuinness

Ceist:

244. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage if he will outline the activity of the Land Development Agency from the date it was established to date in 2021 relative to the number of sites identified and acquired; the number of planning permissions granted or in the process and the overall cost of its operation; and if he will make a statement on the matter. [27250/21]

Amharc ar fhreagra

Freagraí scríofa

The Land Development Agency (LDA) was established on an interim basis in September 2018, by way of an Establishment Order made under the Local Government Services (Corporate Bodies) Act 1971, pending the enactment of primary legislation when it will be established as a commercial State agency.

On establishment, the Agency had access to an initial tranche of 8 sites – listed below - that have near term delivery potential for 3,400 new homes. Significant preparatory work is underway in relation to these sites, with feasibility, planning and other preparatory works already initiated.

 

Initial Site List 

Central Mental Hospital site, Dundrum 

Hampton, Balbriggan 

Hacketstown, Skerries 

Devoy Barracks, Naas 

Former Meath Hospital, Dublin City Centre 

St. Kevin's Hospital, Cork 

Columb Barracks, Mullingar 

Dyke Road, Galway  

The LDA received planning permission for a Strategic Housing Development (SHD) at the St. Kevin’s Hospital site in Cork City in April 2021. The LDA has also submitted a planning application for the site at Devoy Barracks in Naas and plans to submit further planning applications in 2021.

A public consultation process is currently underway in relation to the development at the Central Mental Hospital site in Dundrum and it is expected that the LDA will lodge an SHD planning application for this site during 2021.

In addition to the initial sites, the LDA has already secured planning permission for 597 units at Shanganagh in conjunction with Dun Laoghaire Rathdown County Council. Approximately 34% of the units will be for social housing, 51% will be cost rental and 15% will be for affordable purchase. Work has commenced on the construction tender process, with construction anticipated to start in the second half of 2021.

In conjunction with Dublin City Council, the LDA has recently opened an early stage consultation on a site at St. Teresa's Gardens with potential for 700 housing units.

The LDA’s role will increasingly expand beyond the initial focus on these public lands, to also encompass important work in master-planning critical urban sites and leading out in partnerships with local authorities on the development of quality urban areas.

Examples of this type of active land management is demonstrated in their engagement with Limerick City and County Council and other public bodies in relation to Colbert Station, and with Galway County Council in relation to Sandy Row, Galway. A Cork Docklands Delivery Office was also established by Cork City Council in partnership with the LDA. The focus of this office is on supporting and catalysing the Cork Docklands area.

At present, funding is provided to the LDA through my Department's Vote to meet their day to day running costs as well as any capital expenditure they may encounter prior the enactment of the LDA Bill. A breakdown of funding provided for the years 2018, 2019, 2020 and 2021 (to date) is set out in the table below. The LDA did not draw down significant levels of capital funding in 2018 and 2019 as the projects were at the initial pre-planning stages.

 

Capital Expenditure

  €

Current Expenditure

  €

2018

n/a

254,000

2019

467,000

1,941,000

2020

9,500,648

4,600,000

2021 (to date)

5,000,000

3,640,000

Once the primary legislation is in place, equity funding of up to €1.25 billion will be made available to the LDA through transfers from the Ireland Strategic Investment Fund (ISIF). The investment will be effected through a subscription of share capital in the LDA by the Minister for Housing and the Minister for Public Expenditure and Reform. The LDA will also have the ability to borrow up to €1.25 billion to fund these activities.

Cybersecurity Policy

Ceisteanna (245)

Catherine Murphy

Ceist:

245. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if a schedule will be provided of IT and email security costs incurred over the past five years to date; and the contractor engaged to deliver the services and or system. [27281/21]

Amharc ar fhreagra

Freagraí scríofa

My Department acknowledges that IT security is of critical importance in ensuring the security and integrity of its systems, files and data. In recognition of this, my Department maintains a dedicated, professionally trained cybersecurity staff who implement best practise risk management. Cyber risk management is carried out in conjunction with guidance and advisories issued by the Office of the Government Chief Information Office (OGCIO) and the National Cyber Security Centre (NCSC) of the Department of Communications, Climate Action and Environment (DCCAE). My department has IT security built into the fabric of its IT infrastructure and costs are not separated between security and IT. For security reasons, my Department does not comment on details of its IT security apparatus or contractors that support this infrastructure. My Department undergoes regular security tests and checks by IT staff to ensure robustness of the IT system against cyber incidents.

Data Protection

Ceisteanna (246)

Fergus O'Dowd

Ceist:

246. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if his Department is fully compliant with GDPR EU requirements, the EU network and Information Security Directive and standards with respect to his Department’s IT infrastructure including Article 29 of GDPR which requires that data processors access only the data they need for their task; if ISO 27001 Annex 9 standards on privileged access are fully met; and if he will make a statement on the matter. [27342/21]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the requirements of the General Data Protection Regulation (GDPR), my Department has implemented a range of appropriate organisational and technical measures to safeguard privacy and protect personal information. These measures include the ability to ensure the ongoing confidentiality, integrity and availability of systems and services.

Since the coming into effect of the GDPR in May 2018, my Department has taken a number of steps to establish a comprehensive compliance framework. A dedicated Data Protection Officer (DPO), as required under Article 37 of the Regulation, has been appointed. The DPO leads a Data Protection Unit (DPU) and Information Officers have also been identified across the Department to assist with ensuring data protection compliance.

The DPU has been rolling out a programme of work over the past three years, which includes providing assistance to business units in addressing any potential data protection risks. The Unit has developed a GDPR e-Learning Programme for staff, to help raise awareness and provide training to staff on compliance with the legislation. Articles 28 and 29 of the GDPR set out the requirements for data controllers and data processors in relation to the processing of personal data on behalf of the controller. The DPU works with business units on an ongoing basis to advise on the requirements of the articles, including entering into legally binding contracts governing the processing and security of personal data.

My Department uses the principle of least privilege access in line with industry best practises and guidance and advisories issued by the Office of the Government Chief Information Office (OGCIO) and the National Cyber Security Centre (NCSC) of the Department of Communications, Climate Action and Environment (DCCAE). IT staff are only given access which is essential to perform the tasks and duties associated with their roles and responsibilities. IT staff with privileged user accounts are reviewed and monitored on a regular basis.

Data Protection

Ceisteanna (247)

Fergus O'Dowd

Ceist:

247. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if any state or semi state bodies which report to his Department are fully compliant with GDPR EU requirements and the EU network and Information Security Directive and standards with respect to their IT infrastructure including article 29 of GDPR which requires that data processors access only the data they need for their task; if ISO 27001 annex 9 standards on privileged access are fully met; and if he will make a statement on the matter. [27361/21]

Amharc ar fhreagra

Freagraí scríofa

The State bodies under the aegis of my Department are expected to be compliant with all relevant statutory requirements, including those arising from EU Directives and Regulations. My Department does not routinely monitor such compliance.

Further information in relation to these matters may be obtained by contacting the dedicated e-mail addresses for members of the Oireachtas in respect of the State bodies under the aegis of my Department, as set out in tabular form below.

State Body

Contact E-mail Address

An Bord Pleanála

oireachtasqueries@pleanala.ie

An Fóram Uisce (the Water Forum)

info@nationalwaterforum.ie

Approved Housing Bodies Regulatory Authority

oireachtasqueries@ahbregulator.ie

Docklands Oversight and Consultative Forum

infodocklands@dublincity.ie

Ervia

oireachtas@ervia.ie

Gas Networks Ireland

oireachtas@ervia.ie

Heritage Council

oireachtas@heritagecouncil.ie

Housing Finance Agency

oireachtas.enquiries@hfa.ie

Housing and Sustainable Communities Agency

publicreps@housingagency.ie

Irish Water

oireachtasmembers@water.ie

Land Development Agency

oireachtas@lda.ie

Local Government Management Agency

corporate@lgma.ie

National Oversight and Audit Commission

info@noac.ie

National Traveller Accommodation Consultative Committee

ntacc@housing.gov.ie

Office of the Planning Regulator

oireachtas@opr.ie

Ordnance Survey Ireland

Oireachtas@osi.ie

Property Registration Authority

reps@prai.ie

Pyrite Resolution Board

oireachtasinfo@pyriteboard.ie

Residential Tenancies Board

OireachtasMembersQueries@rtb.ie

Valuation Office

oireachtas.enquiries@VALOFF.ie

Valuation Tribunal

info@valuationtribunal.ie

Water Advisory Body

info@wab.gov.ie

Waterways Ireland

ceoffice@waterwaysireland.org

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