Written Answers Nos. 187-207
187. Deputy Holly Cairns asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the way her Department and public bodies and agencies under her remit fulfil their obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014; and if she will make a statement on the matter. [34862/21]
Amharc ar fhreagraAs the Deputy is aware Section 42(1) of the Irish Human Rights and Equality Commission Act 2014 requires public bodies to have regard to the need to eliminate discrimination, promote equality and protect human rights of staff and people availing of their services.
My Department is committed to fulfilling its statutory duties in this regard and this is reflected in both internal HR policies as well as the development of policy initiatives, the delivery of services to customers and engagement with stakeholders.
While the same commitment applies in the case of those bodies under the aegis of my Department I would point out that the implementation of policies is a matter for the relevant boards and management of those bodies who are responsible for corporate compliance and staffing issues.
188. Deputy Holly Cairns asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the way her Department and public bodies and agencies under her remit undertake disability impact assessments; the process by which these assessments are monitored; and if she will make a statement on the matter. [34880/21]
Amharc ar fhreagraAs the Deputy will be aware disability proofing is mandatory in respect of all substantive proposals requiring Government approval.
The procedures to be followed by all Departments, including my own, in submitting such proposals to government are set out in the Cabinet Handbook, an internal Government guide to assist Ministers and officials in the preparation of matters to be dealt with at Government meetings in accordance with the principles of collective responsibility. Among the requirements set out in the Cabinet Handbook is the requirement that all substantive Memoranda should indicate the impact on people with disabilities.
The Department of Justice and Equality, the Equality Authority and the National Disability Authority have published Guidelines for conducting a Disability Impact Assessment (http://www.justice.ie/en/JELR/Pages/PB12000078) to assist officials in Government Departments who are carrying out disability proofing of memoranda for submission to the Government.
189. Deputy Duncan Smith asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the reason a company (details supplied) was not granted any funding via the live performance support scheme; and if she will make a statement on the matter. [34944/21]
Amharc ar fhreagraGovernment allocated €50 million in 2021 to a suite of measures to assist the arts and culture sector. As part of that funding, on Tuesday June 15th I announced the allocations for the €25m Live Performance Support Scheme (LPSS 2021). I was delighted to be in a position to fund 237 successful applications under this scheme, the details of which are available on my Department’s website. There was a very high level of interest in this scheme, with over 400 applications requesting funding in excess of €80 million. The scheme was operated by my Department and all applications were assessed and scored. Given the available funding of €25 million, difficult decisions had to be made and it was not possible to award grants to everyone who applied. The 237 grants awarded will help support employment and wellbeing opportunities across all genres and the continued production of high quality artistic output for the public.
Officials in my Department are engaging with applicants in relation to queries regarding the outcome of their Live Performance Support Scheme application. Information in relation to the appeals process for this scheme is available on my Department's website here -www.gov.ie/en/service/ca5d7-live-performance-support-scheme-2021/.
190. Deputy Brendan Howlin asked the Minister for Housing, Local Government and Heritage if he will identify a source of funding to assist the restoration of an historic musical organ (details supplied); and if he will make a statement on the matter. [34254/21]
Amharc ar fhreagraThe Heritage Council, which is funded my Department, runs the annual Community Heritage Grants Scheme, for which the organisation in question may be eligible to apply.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for the Heritage Council is oireachtas@heritagecouncil.ie.
191. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the process for local authorities in handling environmental monitoring data for quarries; the way local planning authority offices publish this data to local communities: the sanctions that are issued if any divergences from the performance standards exist; the way this is communicated to the public; and the way the necessary preventative or remedial measures are agreed. [34263/21]
Amharc ar fhreagraMy Department issued Guidelines to Planning Authorities on Quarries and Ancillary Activities in April 2004, offering guidance on planning for the quarrying industry, both in the adoption of development plans and in determining individual applications for planning permission for quarrying and ancillary activities.
The Guidelines recommend that practical ways of building good relationships with the local community include ensuring that all environmental monitoring data is made available to local people at regular intervals (e.g. through the local planning authority offices) and that any divergences from performance standards should be fully explained, together with any necessary preventative or remedial measures.
When granting planning permission for a quarry, it is open to the local planning authority or An Bord Pleanála to attach appropriate conditions to such permissions on a case by case basis. Such conditions may relate to the implementation of environmental mitigation measures; times of operation; control of noise, blasting, dust, water pollution and waste; environmental monitoring; special contributions; extraction limits and site restoration etc.
Under planning legislation, enforcement of unauthorised development is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met.
There are extensive enforcement provisions provided for in Part VIII of the Planning and Development Act 2000, as amended (the Act), with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions and that no unauthorised development takes place, including in relation to quarries. In addition, any person or a planning authority may seek a court order under section 160 of the Act in relation to unauthorised development with a view to ensuring that the development works in question are not carried out or continued.
Provision for the recoupment of costs arising from enforcement action taken by planning authorities is provided for under section 154 of the Act. Section 154(5)(b) provides that an enforcement notice shall require that such steps as may be specified in the notice be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development.
Section 154(5)(c) further provides that if the steps specified in the enforcement notice are not taken within a specified period (not being more than 6 months), the planning authority may enter on the land and take such steps and may recover any expenses reasonably incurred by them in that behalf.
Furthermore, section 154(5)(d) provides that an enforcement notice shall require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.
Section 154(7) further provides that if required, any expenses reasonably incurred by a planning authority may be recovered as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served. Alternatively, the costs incurred by a planning authority may be secured by charging the land under the Registration of Title Act, 1964, or where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.
Section 156 sets out the penalties that may be applied in relation to non-compliance with specific sections of the Act. In this connection, 156(1) provides that a person who is guilty of an offence shall be liable, on conviction on indictment, to a fine not exceeding £10,000,000 or to imprisonment for a term not exceeding 2 years, or to both. It further provides that a person who is guilty of an offence shall be liable, on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both. Under section 156(2) of the Act, where a person is convicted of an offence and there is a continuation by him/her of the offence after his/her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable.
Accordingly, as indicated, there are already extensive enforcement powers available to planning authorities in relation to non-compliance with planning legislation. This planning legislation is in compliance with EU law and applies to all forms of development, including the operation of quarries. Under section 157(4)(AA), enforcement action may be taken against unauthorised quarrying at any time.
Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.
192. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of tenants who have requested protection through the Residential Tenancies Board due to Covid-19 impacts on their financial status; the number of eviction notices issued in Cork city in 2021; and the number of tenants who have moved from HAP to long-term housing in tabular form. [34267/21]
Amharc ar fhreagraThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
The Residential Tenancies and Valuation Act 2020 set out new protections for tenants who fall into rent arrears, and as a result, are at risk of losing their tenancy. In the 10-month period between August 2020 and the end of May 2021 , 475 tenants sent a self-declaration to the RTB indicating that they were unable to pay their rent as a result of the impact of Covid-19.
With regard to the number of eviction notices issued in Cork City in 2021, my Department does not collect the data sought, however the Clerk of the Dáil requested that arrangements be put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. Following the issue of Circular LG (P)05/16 on 20 September 2016 from my Department, the RTB set up a dedicated email address for this purpose. The RTB may be contacted at OireachtasMembersQueries@rtb.ie to establish the extent to which it may hold the information sought.
While my Department does not hold information on the number of HAP tenancies that have moved to long-term housing, data is available in relation to the number of tenancies that moved from HAP to other forms of social housing support. A total of 300 HAP tenancies have transferred to other forms of social housing in Cork City since the scheme began, of which 38 relate to Q1, 2021.
194. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage if a review into the boundary expansion between Cork city and county will be undertaken (details supplied); and if he will make a statement on the matter. [34324/21]
Amharc ar fhreagraThe Cork boundary alteration is the most significant of its kind undertaken in the State and represents a major reorganisation of local government in Cork. The main aim of the boundary extension was to allow the potential for further development within a new City Council area, while also incentivising higher density development and reducing the risk of sprawl. The extended City area now includes Ballincollig, Carrigrohane, Blarney, Glanmire and Cork airport and the population of the city increased by over 85,000 people.
The Local Government Act 2019 was enacted on 31 January 2019 to provide for the transfer of part of the administrative area of Cork County Council to the administrative area of Cork City and this took place when the new Councils took office after the local elections in late May 2019.
The Act also provided for the establishment of the statutory Cork Boundary Alteration Implementation Oversight Committee to oversee arrangements for the alteration of the boundary in accordance with the statutory implementation plan.
Work on finalising the transfer of functions was completed in late 2020 and both authorities have confirmed that all the actions contained in the Statutory Implementation Plan have been discharged with new service delivery models now in place in both authorities. A small number of outstanding practical issues are still being worked through by both authorities with my Department's support. The Local Government Act 2019 provides a mechanism for resolving outstanding issues up to and including a Ministerial decision.
I am satisfied that the outstanding matters can be resolved in the coming weeks and therefore, while a review to determine the overall success of the boundary extension may be considered in the future, at this stage of implementation it would be extremely premature as both councils have yet to complete a full annual cycle within their new working arrangements. It is considered beneficial, instead, to wait until both authorities have had time to settle in and until there is sufficient data for a review.
195. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage when housing adaption grants for local authorities were last reviewed. [34329/21]
Amharc ar fhreagra197. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if the rising cost of building materials is taken into account when reviewing local authority adaption grant amounts. [34331/21]
Amharc ar fhreagraI propose to take Questions Nos. 195 and 197 together.
The income limits and maximum grant amounts payable under the Housing Adaptation Grants for Older People and People with a Disability Scheme were reviewed in 2013. This review, co-ordinated by the Housing Agency with the involvement of local authorities and relevant stakeholder organisations, sought to spread the benefits as widely as possible, ensuring that the scheme supported the maximum number of households. This year, my Department will begin a further review of the existing grant limits and income thresholds applicable to the grants.
Funding of €75 million is available nationally in 2021 for the Housing Adaptation Grants for Older People and People with a Disability Scheme. This funding has increased year on year since 2014. As part of the annual budgetary process, consideration will be given to this funding in future years in line with the Programme for Government commitments and the Policy Statement on Housing Options for Our Ageing Population, which is available on my Department's website at the following link:
www.gov.ie/en/publication/ea33c1-housing-options-for-our-ageing-population-policy-statement/.
196. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if local authorities use nationally standardised figures for quotes on costs of grant works; and if so, the figures in this regard. [34330/21]
Amharc ar fhreagraLocal authorities are responsible for the detailed administration of the Housing Adaptation Grants for Older People and People with a Disability scheme for private houses, including the assessment, approval and payment of grants to applicants under the various measures.
Guidance issued by my Department recommends that local authorities assemble a schedule of standard costs for each element of works available for funding under the scheme, which accurately reflects the market costs within the local authority area. It is also recommended that local authorities should review their schedule of standardised cost on a twice yearly basis using the services of a Quantity Surveyor. The standardisation of costs is intended to improve consistency and have a cost stabilisation effect on grant levels in each local authority area. Recognising however that individual homes may differ local authorities can, up to the maximum grant caps, approve a grant in excess of their own standard costings if the local authority feels a higher cost is justified.
198. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the value of properties on the derelict sites register by local authority in 2019, in tabular form. [34333/21]
Amharc ar fhreagraEvery year my Department requests a data return from local authorities on the implementation of the Act. This return includes information on, inter alia, the number of sites on the register at the beginning of the year, the number of sites entered onto, and removed from, the register during that year, and the number of sites on the register at the end of the year. However this data request does not include details of the value of properties on the derelict sites register.
Local authorities are required under section 8(1)(e) of the Derelict Sites Act 1990 to enter onto the register '...particulars of the market value of urban land as determined by the local authority, or by the Tribunal on appeal...'.
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. Therefore, the specified information may be requested from individual local authorities.
199. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the outstanding levy amounts due on derelict sites by local authority in 2019, in tabular form. [34334/21]
Amharc ar fhreagraThe outstanding levy amounts due on derelict sites by local authority at end 2019 is as set out in the table below.
|
Local Authority |
Cumulative amount of levies outstanding at 31 December 2019 |
|
Carlow |
€103,183 |
|
Cavan |
€0 |
|
Clare |
€0 |
|
Cork County |
€50,850 |
|
Cork City |
€1,588,681 |
|
Donegal |
€0 |
|
Dublin City |
€2,149,309 |
|
Dun Laoghaire Rathdown |
€528,194 |
|
Fingal |
€7,500 |
|
Galway City |
€123,900 |
|
Galway County |
€0 |
|
Kerry |
€501,357 |
|
Kildare |
€114,013 |
|
Kilkenny |
€4,170 |
|
Laois |
€108,300 |
|
Leitrim |
€0 |
|
Limerick City & County |
€511,947 |
|
Longford |
€0 |
|
Louth |
€24,900 |
|
Mayo |
€1,000 |
|
Meath |
€459,297 |
|
Monaghan |
€0 |
|
Offaly |
€120,240 |
|
Roscommon |
€4,200 |
|
Sligo |
€0 |
|
South Dublin |
€175,315 |
|
Tipperary |
€40,568 |
|
Waterford City & County |
€0 |
|
Westmeath |
€1,284,445 |
|
Wexford |
€211,440 |
|
Wicklow |
€50,250 |
|
Total |
€8,163,059 |
200. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the criteria needed to be met for a property to be entered onto the derelict sites register. [34335/21]
Amharc ar fhreagraSection 3 of the Derelict Sites Act 1990 (the Act) defines a derelict site as:
'...any land...which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of—
(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.
Further to this, section 8 of the Act requires each local authority to establish and maintain a derelict sites register, and to enter onto this register properties that, in their opinion, meet the criteria set out above.
201. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the criteria that needs to be met for a property to be entered onto the vacant sites register. [34336/21]
Amharc ar fhreagraUnder the vacant site levy provisions in the Urban Regeneration and Housing Act 2015 (the 2015 Act), planning authorities were empowered to apply a vacant site levy of 3% of the market valuation of relevant properties which were listed on local authority vacant site registers in 2018, which relevant owners were liable to pay in January 2019. The rate of the levy increased to 7% for sites listed on local authority vacant sites register from 2019 onwards which site owners became liable to pay in January 2020.
The implementation of the vacant site levy provisions is a matter for each local authority including the identification of residential and regeneration land, as underpinned by the development plan process, and the identification of individual vacant sites, in accordance with the detailed criteria set out in sections 5 and 6 of the 2015 Act. The Act provides that the levy will apply to vacant sites exceeding 0.05 hectares on residential land or regeneration land as designated in the development plan or local area plan which meets the relevant criteria as set out below.
Local authorities can apply the levy on vacant sites on "residential land" if the following criteria set out in section 5(1) of the 2015 Act are satisfied:
- the site is situated in an area where there is a need for housing,
- the site is suitable for the provision of housing, and
- the site, or a majority of the site, is vacant or idle or being used being used for a purpose that does not consist solely or primarily of the provision of housing or the development of the site for the purpose of such provision, provided that the most recent purchase of the site occurred after it became residential land, and before, on or after the commencement of section 63 of the Planning and Development (Amendment) Act 2018.
The specific criteria in relation to determining whether or not there is a need for housing in an area within a planning authority's functional area are set out in section 6(4) of the 2015 Act. Such determination is required to be assessed by reference to:
- the housing strategy and the core strategy of the planning authority,
- house prices and the cost of renting in the area,
- the number of households qualified for social housing support in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 that have specified the area as an area of choice for the receipt of such support and any changes to that number since the adoption of the planning authority's development plan, and
- whether the number of habitable houses available for purchase of rent was less than 5% of the total number of houses in the area.
With regard to the application of the levy on vacant sites on "regeneration land", the following criteria set out in section 5(2) of the 2015 Act must be satisfied:
- the site, or the majority of the site, is vacant or idle, and
- the site being vacant or idle has adverse effects on existing amenities or reduces the amenity provided by existing public infrastructure and facilities (within the meaning of section 48 of the Planning and Development Act, 2000, as amended (2000 Act)) in the area in which the site is situated or has adverse affects on the character of the area.
The specific criteria in relation to determining whether or not the site being vacant or idle has adverse effects on existing amenities or reduces the amenity provided by existing public infrastructure and facilities (within the meaning of section 48 of the 2000 Act) in the area in which the site is situated, or has adverse affects on the character of the area, are set out in section 6(6) of the 2015 Act. Such determination is required to be assessed by reference to whether:
- land or structures in the area were, or are, in a ruinous or neglected condition,
- anti-social behaviour was or is taking place in the area, or
- there has been a reduction in the number of habitable houses, or the number of people living, in the area, and whether or not these matters were affected by the existence of such vacant or idle land.
202. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the supports available to owners of Irish historic houses; his plans to safeguard the future of these houses in private ownership; and if he will make a statement on the matter. [34382/21]
Amharc ar fhreagraMy Department is responsible for the protection, preservation and conservation of our built heritage assets. Historic country houses are unique and irreplaceable repositories of architecture, art, history and culture. I appreciate the intrinsic, artistic, ecological, social and economic value of our historic houses and their associated landscapes. They are also an essential component of our tourist industry and can provide attractive and exciting venues for a wide range of events and activities such as musical concerts, historical re-enactment and festivals making them an essential feature of Ireland’s annual events calendar.
I understand that there are ongoing challenges regarding the sustainable future of the remaining stock of Irish Historic Houses in private ownership. For owners, maintaining an historic house can present enormous technical, organisational and financial hurdles and therefore the identification of a viable use or uses with sufficient income to ensure their survival is essential. The future of our historic houses requires ongoing strategic planning, and the buildings require ongoing maintenance.
While my Department can help by providing grant aid for conservation works – for example through the Historic Structures Fund or Built Heritage Investment Scheme and, where properties have received a Section 482 determination from both my Department and Revenue, tax relief on such works – it is not realistic or prudent for the State to fully fund private houses. However, if we want to support owners in securing a viable future for their houses, and if we want to ensure the survival of these properties for future generations, we need to work together.
I understand that Historic Houses of Ireland has recently been offered a grant by the Heritage Council, which is funded by my Department, under its Heritage Sector Fund 2021 to commission a five-year strategic plan. Such a plan aligns with the objectives of the Action Plan for the Sustainable Future of the Irish Historic House in Private Ownership , and if delivered will allow Historic Houses of Ireland to develop a clear strategic plan for its future. My Department would welcome the opportunity to work with the project partners in providing advice and guidance.
203. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if he will consider a proposal (details supplied) by a party to a turn key contract with Limerick City and County Council which is experiencing difficulty due to Covid-19; if he will request the council to engage meaningfully in relation to same; and if he will make a statement on the matter. [34387/21]
Amharc ar fhreagraThis is a matter between the developer and his lending institution to resolve. It is not one in which my Department has any involvement.
204. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the expenditure in 2020 on payment and availability agreement payments to approved housing bodies; the number of tenancies covered by these agreements; the current expenditure allocation for 2021 on payment and availability agreements to approved housing bodies; the expected number of tenancies this expenditure will cover; and if he will make a statement on the matter. [34388/21]
Amharc ar fhreagraPayment and Availability Agreements (P&As) are funded under the Social Housing Current Expenditure Programme (SHCEP), which funds the ongoing current costs of homes delivered by Approved Housing Bodies through build and acquisition, in addition to homes delivered through the various leasing programmes.
The total SHCEP spend in 2020 was €197m, of which €142m related to expenditure on P&A agreements. At the end of 2020, 11,277 of the 17,680 dwellings funded through SHCEP, were funded through a P&A agreement.
Details of the 2021 funding provision for SHCEP and related output target are set out in the 2021 Revised Estimates (REV) which is available at the following link: https://www.gov.ie/en/collection/e20037-revised-estimates/#2021.
205. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the costs approved for the delivery of social housing through both bundle 1 and bundle 2 of the public private partnership projects; the monthly and annual payments to each consortia involved in bundle 1 and bundle 2; the number of years over which these payments will be made; the breakdown of these payments by construction, maintenance and other costs; and the details of the public sector benchmarking exercise that was used to evaluate applications for both bundles in tabular form. [34389/21]
Amharc ar fhreagraThe Social Housing Public Private Partnership (PPP) Programme consists of 3 Bundles of sites that will deliver in the region of 1,500 social homes and there are robust governance arrangements in place to oversee implementation. Securing value for money (VfM) is an overarching consideration throughout the PPP procurement process and the Central PPP Unit in the Department of Public Expenditure and Reform (DPER) provides guidance in relation to PPP projects to achieve this objective.
The estimated full value of Bundle 1 and Bundle 2 of the Social Housing PPP contracts in nominal terms is €301 million and €253 million respectively (both figures are exclusive of VAT and include a forecast of inflation). The duration of both contracts is the construction period plus a 25-year operating period. This PPP Programme is being delivered through the ‘availability’-based PPP model. Under this type of contract, the PPP project company, as the private partner, designs, builds, finances and maintains public buildings on sites provided by the State, in this case through the local authority. Payment is made by the State only once construction of the buildings is complete and the units are ready to house tenants. The payment comprises a monthly ‘availability’ and performance-based payment (or unitary charge) made over the term of the 25-year contract, which incorporates all costs under the contract, including construction, the upkeep and maintenance of the developments, tenancy management services, financing costs and inflation.
The upkeep and maintenance applies to the whole development and not just the individual houses, including external roadways, drainage systems, green areas and landscaping, playgrounds, and community facilities (where provided). The planned preventative maintenance regime includes life-cycling of key building components (e.g. heating systems) over the 25 years, including that necessary to meet the residual life handback requirements at the end of the 25 year period. The tenancy management service includes the administration of the tenancy agreement and collection of rent on behalf of the Local Authorities as landlord, void management and tenant allocations, operation of a helpdesk for tenants and support of community development.
To date, €4.535 million has been paid by my Department in respect of the unitary charges for Bundle 1; there have been no unitary charge payments to date by my Department in respect of Bundle 2. In accordance with the relevant project agreement, Dublin City Council as the Lead Authority for Bundle 1 pays these costs directly to the Bundle 1 consortium Comhar Housing. A breakdown of the Bundle 1 unitary charge payments to date are detailed in the table
below:
|
Item |
Amount |
|
Construction Costs |
€1,805,862 |
|
Lifecycle Costs |
€442,424 |
|
Operating & Maintenance Costs |
€2,041,504 |
|
Total Costs Invoiced (excl VAT) |
€4,289,790 |
|
VAT* |
€245,360 |
|
Total Unitary Charges Paid |
€4,535,150 |
|
*VAT rates applied at 0%, 13.5%, 21% and 23%, as appropriate, and where VAT was applied on a reverse charge basis, this was paid directly to the Revenue Commissionsers by Dublin City Council and recouped by my Department. |
My Department and the National Development Finance Agency (NDFA) are currently working with the relevant Local Authorities including Dublin City Council as Lead Authority to progress the third bundle of sites in this PPP programme. Design development for the project is underway and the statutory consent process is expected to commence in Q3 2021.
The Public Sector Benchmark (PSB) is an essential part of any PPP project. It contains commercially sensitive information in relation to the methodology used for costing public sector projects and for the pricing of risks by public sector bodies. In accordance with DPER guidelines (Guidelines for the use of Public Private Partnerships), the final PSB, or any elements thereof, is not made public during the tendering process nor where it is intended to procure further similar projects in the near future (e.g. subsequent project bundles as part of an ongoing PPP programme). As Bundle 3 will follow the same structure as Bundles 1 and 2 and given the potential impact on value for money for the State, it is not appropriate to release the PSB for Bundles 1 and 2 at this time.
However, and in accordance with DPER guidelines, once an appropriate period of time has elapsed and the commercial sensitivity of the information on the project is no longer an issue (having regard also to any other similar PPP projects which may be in pre-procurement), the PSB should be made public. The Department will follow these guidelines in relation to the social housing PPP programme.
206. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the systems in place to ensure that building products such as blocks are manufactured to appropriate standards; the systems in place to ensure that materials from quarries used in building products such as blocks are appropriate for such purposes and are being secured from licensed quarries; the level of inspections by building control authorities in both matters; if such inspections are proactive to identify problems before they become apparent or reactive in response to complaints; the details of the relevant legislation, statutory instruments, circulars and EU directives; and if he will provide links or copies of same. [34390/21]
Amharc ar fhreagraIn relation to the concrete blocks, the relevant suite of harmonised standard facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. In this regard, the National Standards Authority of Ireland (NSAI), has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which sets out appropriate minimum performance levels for specific intended uses of, inter alia, EN 771(series) in Ireland.
In respect of aggregates for concrete, NSAI has published ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’ which outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production, including the requirement for independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).
Specifically relating to product legislation, since 2013, the Construction Products Directive (CPD)- 89/106/EEC has been replaced by the Construction Products Regulation (EU) No 305/2011 (CPR). It sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
The manufacturer is responsible for compliance with the Construction Products Regulation (CPR) and in particular for the Declaration of Performance/CE marking of the construction product he/she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.
Under the European Union (Construction Products) Regulations 2013 , each of the building control authorities have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas. In addition, Dublin City Council has been appointed as a competent authority for the carrying out of market surveillance functions across the country and has created a Market Surveillance Unit called Dublin City Council-National Building Control Office, (DCC-NBCO). Building control authorities will liaise with the DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
In regard to inspections, my Department is currently working with the DCC-NBCO and the City and County Management Association’s (CCMA) on a revised inspection policy for building control. It is intended that the new policy will position building control authorities to carry out risk-based targeted inspections by making more efficient and effective use of the available resources. Much progress has been made in this area, an inspections protocol and methodology has been developed and a pilot IT system to support inspections has also been developed. The issue of targets and capacity will be considered further in this context.
Pursuant to Article 18(5) of Regulation (EC) 765/2008, Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by the DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.
Finally, the activity of quarrying falls under a number of legislative regimes. For example, quarries must have planning permission and from an operational perspective they must comply with health and safety regulations operated by Health and Safety Authority. In regard to the licensing of quarries, the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 came into operation on the 31 December 2009. Under Regulation 19(1) each Local Authority shall:
Establish and maintain a register of all extractive industries within its functional area including the extraction, treatment and storage of mineral resources, the working of quarries, and the extraction, treatment and storage of peat.
The overall Register is maintained by the Environmental Protection Agency and is publicly available. The Environmental Protection Agency falls under the remit of my colleague, the Minister for the Environment, Climate and Communications.
While the minimum performance requirements for buildings (including the materials used) are set in the Building Regulations, the procurement and purchasing of materials is a matter for the contracting authority. Responsibility for Public Procurement policy is a matter for the Office of Government Procurement (OGP), which operates as an office of the Department of Public Expenditure and Reform.
207. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if the financial contribution scheme for older persons is in operation in the four local authority areas in Dublin; and the qualifying criteria for the scheme. [34391/21]
Amharc ar fhreagraI understand that such schemes are non-statutory and are therefore a matter for the individual local authorities and information in relation to them should be sought directly from each local authority.
