Written Answers Nos. 269-291
269. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she and her Department continue to promote and develop the use of the Irish language in all Gaeltacht areas throughout the country; and if she will make a statement on the matter. [48355/21]
Amharc ar fhreagra270. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the extent to which she and her Department continue to monitor the use of the Irish language throughout the country, its potential in non-Gaeltacht areas and the encouragement of its use; and if she will make a statement on the matter. [48356/21]
Amharc ar fhreagraI propose to take Questions Nos. 269 and 270 together.
The overarching 20-Year Strategy for the Irish Language 2010-2030 and the accompanying Action Plan for the Irish Language (Plean Gníomhaíochta 2018-2022) represent state policy for the Irish language and Gaeltacht regions.
The Strategy and supporting Action Plan have cross-departmental ownership and, accordingly, responsibility for implementation falls on a number of Government Departments, bodies and Irish language and Gaeltacht organisations. The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media is responsible inter alia, for coordinating their implementation.
The 5-Year Action Plan sets out 180 or so actions to be advanced by c. 60 stakeholders in support of the language and Gaeltacht regions over the 5-year lifecycle of the plan in respect of the nine areas of action contained in the overarching strategy.
In line with the commitment contained in the plan to publish a progress report regarding implementation on an annual basis in the interests of transparency and accountability, the first such report covering the period July 2018 to June 2019 was published following Government approval in October 2019. The second such report covering the period from July 2019 to December 2020 will be published shortly.
A copy of the Action Plan, together with the aforementioned inaugural progress report, as well as further information regarding the range of schemes, measures, programmes and initiatives being implemented by my Department on an ongoing basis in support of the language both within Gaeltacht regions and nationally - including the language planning process, can be found on the Department's website.
An overview of the work in hand on the part of Údarás na Gaeltachta in support of Gaeltacht regions - and supported by my Department inter alia, can be found on the Údarás website.
271. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the steps she and her Department are taking to target and eliminate online bullying across various social media platforms; the recent progress in this regard; and if she will make a statement on the matter. [48358/21]
Amharc ar fhreagraThe Online Safety and Media Regulation (OSMR) Bill will establish a multi-person Media Commission, including an Online Safety Commissioner, dissolve the Broadcasting Authority of Ireland, establish regulatory frameworks for online safety and the regulation of audiovisual media services, and transpose the revised Audiovisual Media Services Directive.
It will be the role of the Online Safety Commissioner to oversee the regulatory framework for online safety. As part of the framework, the Commissioner will devise binding online safety codes that will set out how regulated online services, including certain social media services, are expected to deal with certain defined categories of harmful online content on their platforms. The defined categories of harmful online content include criminal material, serious cyber-bullying material and material promoting self-harm, suicide and eating disorders.
Under the measures proposed in the Bill, in the event of a failure to comply with a relevant online safety code, and subject to Court approval, the Media Commission will have the power to sanction non-compliant online services, including through financial sanctions of up to €20m or 10% of turnover.
Given the importance of this legislation, in December 2020 I asked the Government to approve the commencement of detailed drafting of the Bill by the Office of the Attorney General and the referral of the General Scheme the Bill for pre-legislative scrutiny simultaneously. Pre-legislative scrutiny of the General Scheme by the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media is on-going. The detailed drafting process is now nearing completion and will be finalised once the pre-legislative scrutiny report has been received and analysed. The Bill will then be brought forward for publication and enactment.
272. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the most recent study that has been carried out by his Department on the seal population in Ireland; and if he will make a statement on the matter. [47819/21]
Amharc ar fhreagraBoth species of seal in Irish waters - the Harbour or Common Seal and the more numerous Grey Seal - are protected under the EU Habitats Directive and Ireland is obliged to maintain their populations at favourable conservation status.
We are also required to monitor these species and report to the European Commission on their conservation status. A standardised monitoring programme has been in place for both species since 2009.
Surveys of both seal species are carried out annually. The National Parks and Wildlife Service (NPWS) of my Department completed counts of harbour seals at haul out sites nationally in August and grey seal counts on Lambay Island are underway at present. These annual counts are combined and analysed every 5 years or so to produce national population estimates.
The most recent report on their conservation status and population estimates was submitted to the European Commission in April 2019 and is available on the NPWS website
(www.npws.ie/sites/default/files/publications/pdf/NPWS_2019_Vol3_Species_Article17.pdf).
Both species were assessed to be in favourable conservation status.
273. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage his plans, including timelines, for the establishment of the seafood working group which is planned to be a compensatory body to oversee any disruption caused to fishing livelihoods as a result of the designation of marine protected areas and installation of renewable energy sources; and if he will make a statement on the matter. [47826/21]
Amharc ar fhreagraAs I have previously outlined to the House, I am aware of the potential disruption to the livelihood of the Fisheries sector as a result of Off-Shore Renewal Energy (ORE) developments and the designation of Marine Protected Areas. Specifically in relation to ORE, the issue of diverse levels and standards of communications between the fisheries and ORE industries was first raised by members of the fisheries community at a National Marine Planning Framework (NMPF) public consultation meeting in Arklow held on 10/02/2020, which was one of a number of NMPF public consultation events held by my Department officials in the Marine Planning Policy and Legislation team across 2019 and early 2020.
Directly in response to those concerns, and also with the wider aim of promoting constructive engagement and consultation between the fisheries community and the ORE industry, I then instructed my Department officials to commence the formation of a Seafood/ORE working group, with the initial aim of agreeing a communications protocol between these two strategically important Marine sectors. During the last months of 2020, and at regular intervals throughout this year, constructive discussions and consultations on the draft terms of reference have been held between my Department, the Department of Agriculture, Food and the Marine, the Department of Environment, Climate and Communications and other relevant public sector bodies. Advice on International best practice has also been sought from, and consulted on, with neighbouring Maritime jurisdictions with experience in Fisheries/ORE Industry liaison. As a critical part of these engagements, officials from all three Departments participated in a Seafood sector information session, held online on July 22nd, in order to inform the Seafood sector of the intentions of the three Departments with regard to the Seafood/ORE working group. This information session was attended by the majority of the Irish Seafood sector organisations.
I acknowledge that the commencement of the Seafood/ORE working group has been delayed due to a number of factors, including Covid-related restrictions, the prioritisation of the finalisation process of the NMPF, and progression of the Maritime Area Planning Bill through the Houses of the Oireachtas, among other issues. My Department, working with the other two Departments involved in this group, are currently engaged in the process of identifying and appointing a Chairperson for the working group, and I will make an announcement on that in due course once that process is completed.
With regard to the issue of compensation, or a compensatory body, I wish to make clear that the initial focus of the working group will be on the aforementioned communications protocol. However, it is the intention of my Department that the Seafood/ORE group will, in time, address other issues affecting the Fisheries community, such as dislocation, co-existence, the impact of developments (including exploration of development sites), Safety at Sea.
The issue of compensation was something noted by my Department during the public consultation on the NMPF, as this was raised in submissions by several fisheries organisations. My Department has not yet formulated a definitive position, but is giving further consideration to the points raised in those public submissions as the NMPF moves toward the Implementation stages. Given their functional remit over fisheries and offshore renewables policy respectively, I intend to further consult with my colleagues the Minister for Agriculture, Food and the Marine and the Minister for Environment, Climate and Communications on this issue.
In recent correspondence to my Department, the National Inshore Fisheries Association and the National Inshore Fisheries Organisation jointly suggested the potential appointment of an independent arbitrator to address potential compensation issues. In this regard, my Department, and the other Departments involved, will be informed by the reports and suggested outcomes of the Seafood/ORE working group, and will consider this, and any other compensation-related proposal in further detail should the group propose similar. However, I do not wish to pre-empt the outcomes of any discussions that may take place within the confines of the working group.
Notwithstanding the commencement of the aforementioned group, and any formal consultation or engagement guidelines that may be subsequently developed by that group, my Department has worked across Government and with marine stakeholders to ensure the interests and rights of the fisheries community are clearly stated and represented in the Fisheries policy approach of the NMPF, in a way that complements other areas of fisheries management. In that regard, NMPF Fisheries Policy 1 states that;
‘’Proposals that may have significant adverse impacts on access for existing fishing activities, must demonstrate that they will, in order of preference: a) avoid, b) minimise, or c) mitigate such impacts. If it is not possible to mitigate significant adverse impacts on fishing activity, the public benefits for proceeding with the proposal that outweigh the significant adverse impacts on existing activities must be demonstrated.’’
While Fisheries Policy 2 states;
‘’Where significant impact upon fishing activity arising from any proposal is identified, a Fisheries Management and Mitigation Strategy (FMMS) should be prepared by the proposer of development or other maritime area use, in consultation with local fishing interests and other interests as appropriate. All efforts should be made to agree the FMMS with those interests. Those interests should also undertake to engage with the proposer and provide best available, transparent and accurate information and data in a timely manner to help complete the FMMS. The FMMS should be drawn up as part of readying a proposal prior to submission, with measures identified to be considered in finalising conditions of any authorisations granted. Development of the strategy should be coordinated with other relevant assessments such as EIA where possible. The content of the Fisheries Management and Mitigation Strategy (FMMS) should be relevant to the particular circumstances and could include:
- An assessment of the potential impact of all stages of the development or other suggested use on the affected fishery or fisheries, both in socio-economic terms and in relation to environmental sustainability. This assessment should include consideration of any impact upon cultural identity within fishing communities, as well as identifying indirect/in-combination matters.
- A recognition that the disruption to existing fishing opportunities/activity should be minimised as far as possible.
- Demonstration of the public benefit(s) that outweigh the significant impacts identified.
- Reasonable measures to mitigate any constraints which the proposed development or use may place on existing or proposed fishing activity.
- Reasonable measures to mitigate any potential impacts on sustainability of fish stocks (e.g. impacts on spawning grounds or areas of fish or shellfish abundance) and any socio-economic impacts.
Where it does not prove possible to agree the FMMS with all interests:
- Divergent views and the reasons for any divergence of views between the parties should be fully explained in the FMMS, and dissenting views should be given a platform within the said FMMS to make their case.
- Where divergent views are identified, relevant public authorities should be engaged to identify informal and formal steps designed to enable proposal(s) to progress.’’ (Pgs. 137, 138)
It should also be noted that Fisheries groups were represented on the Marine Spatial Planning Advisory group, who oversaw and informed the development of the policies referred to. These policies came into effect on the adoption of the NMPF in May 2021, and clearly indicate that developers cannot proceed with operations without due consideration for the impact of their activities on other marine users, with particular regard to the Fisheries community. The way in which Fisheries Policy 2 will be implemented will be a subject for consideration at the Seafood/ORE working group.
With regard to the designation of Marine Protected Areas (MPA), the final report of the MPA Advisory Group was published in Irish and English language versions on 26 January 2021 and is available via this link: Expanding Ireland’s Marine Protected Area Network.
In tandem with my Department’s detailed consideration of the expert group’s findings, a public consultation phase centred around the report and the wider MPA process began in mid-February 2021 and extended over more than five months to the end of July 2021.
This consultation and associated communications encouraged all stakeholders and the wider public to get involved by sharing their views on the process by which Ireland’s network of MPAs will be expanded into the future. In response to the open call to participate, in total more than 2,200 individual submissions were received by my Department from members of the public and other stakeholders.
An independent review and analysis of all responses to the public consultation is currently being carried out. The findings and conclusions from this study will be published in the form of a detailed report that presents key data and other information gathered through the public consultation process in an accessible manner. Informed by these important steps and the resulting information, my Department will begin developing legislation on the identification, designation and management of MPAs by November 2021. This work is expected to continue into 2022.
274. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage when it can be expected that his Department will establish the maritime area regulatory authority that will be an important requirement of the Marine Area Planning Bill 2021; and if he will make a statement on the matter. [47827/21]
Amharc ar fhreagraThe Maritime Area Planning Bill 2021 (MAP Bill) seeks to establish a new marine planning system, underpinned by a statutory Marine Planning Policy Statement, guided by the National Marine Planning Framework, and consisting of a new licensing and development management regime from the high water mark to the outer limit of the State's continental shelf, administered by An Bord Pleanála, the coastal local authorities and a new agency, the Maritime Area Regulatory Authority (MARA).
I aim to establish MARA as soon as is practicable after the enactment of the MAP Bill, ideally within a period of twelve months. In order to ensure expediency in this regard I have tasked officials in my Department to prepare the groundwork for establishment including preparing a multi-annual budget for the agency, and to broadly look at human resource requirements. This is a work in progress and is being carried out in parallel to the passage of the Bill through the Houses of the Oireachtas.
275. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if fees for foreshore licences for not-for-profit community groups and clubs will be waived; and if he will make a statement on the matter. [47843/21]
Amharc ar fhreagraEach application for a foreshore consent under the Foreshore Act 1933, as amended, if granted, is subject to a payment on an annualised or once-off basis. This is intended to ensure a fair return to the State for the use of the foreshore.
The charge or fee which applies will depend on the nature of the proposed development/activity and will be assessed against an established valuation framework to determine the appropriate fee. There is no provision within the valuation framework to waive the fee for particular applicants.
If the applicant is not satisfied with the standard charge a bespoke independent valuation can be obtained from the Valuation Office by my Department, which provides an independent opinion of current fair rack rent market value that the Department can use in its assessment.
276. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the reason the then Minister for the Environment, Community and Local Government updated sections of the Telecommunications Antennae and Support Structures Guidelines 1996 in 2012 (details supplied); and if he will make a statement on the matter. [48212/21]
Amharc ar fhreagraUnder the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.
In this regard, Class 31 of Schedule 2 of the Planning and Development Regulations 2001, as amended, provides that certain classes of development carried out by a statutory undertaker authorised to provide a telecommunications service are, subject to specified conditions, exempted development from the requirement to obtain planning permission. Where the conditions and size thresholds specified in the exemption class are not complied with or are exceeded, planning permission is required.
Exemptions from the requirement to obtain planning permission in respect of specific forms of development are provided for when they are considered to be consistent with proper planning and sustainable development.
These arrangements are considered appropriate for the purpose of supporting the roll-out of a high quality communications service by a statutory undertaker while also taking account of the ongoing technological advances in this area. The legislative provisions are supplemented by planning guidelines entitled the Telecommunications Antennae and Support Structure Guidelines, which originally issued to planning authorities in 1996. In 2012, my Department issued Circular Letter PL07/12 to planning authorities, updating certain sections of these Guidelines. The Guidelines provide advice on appropriate location and siting considerations for telecommunication installations and masts to be considered in the development planning and development management process. The Guidelines, and subsequent Circular Letter, are available at the following links:
www.opr.ie/wp-content/uploads/2019/08/2012-Telecommunications-Antennae-and-Support-Structures-Circular-PL-07-12-1.pdf
and
assets.gov.ie/111242/904beafb-f8f4-4585-954f-c0753072e422.doc
I have no current plans to amend the Regulations and Guidelines in this matter.
277. Deputy Brian Leddin asked the Minister for Housing, Local Government and Heritage if information will be provided on the progress of a strategic environmental assessment of draft interim regulations with new conditions and exemptions regarding solar panel installation; when a public consultation will be launched; and if he will make a statement on the matter. [47479/21]
Amharc ar fhreagra278. Deputy Brian Leddin asked the Minister for Housing, Local Government and Heritage the status of the commissioning of aviation safeguarding maps for new planning regulations relating to the installation of solar panels; the timeline for this process; and if he will make a statement on the matter. [47480/21]
Amharc ar fhreagraI propose to take Questions Nos. 277 and 278 together.
Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the planning exemptions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural to which specific conditions are attached.
My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity.
This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, as well as the introduction of new classes of solar panel planning exemptions relating to their use in apartments and in educational/community/religious buildings.
In light of the need to appropriately address aviation safety concerns arising from the “glint and glare” impacts of solar panels and the easing of the solar panel planning exemption thresholds, my Department is in the process of commissioning the development of detailed aviation safeguarding maps which will identify and delineate specific but limited areas in the vicinity of airports and aerodromes (referred to as exclusion zones) within which the exemptions will not apply. Project scoping feedback has been received from interested parties through the draft Request for Tender process and has been considered by my Department in the development of the final Request for Tender documentation. My Department intends to publish the call for tender shortly.
Whilst this work is ongoing, my Department has advanced interim regulations, adopting a temporary, albeit more stringent, radial approach incorporating initial defined exclusion zones around airports and aerodromes. These interim regulations, allowing for increased solar panel planning exemptions, will cover the vast majority of the land area of the country, only excluding those limited exclusion zones around airports and aerodromes.
The draft interim regulations have been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals. It is anticipated that the SEA process will commence, with consultation with the statutory environmental authorities to inform the content of the Environmental Report, following the completion of the screening for Appropriate Assessment by my Department’s Ecological Assessment Unit. The SEA Environmental Report will be published alongside a draft of the interim regulations for a period of public consultation of not less than 4 weeks. This public consultation is expected to commence in November. A copy of the draft interim regulations and the Environmental Report will be made available for inspection over this period. Written submissions or observations will be taken into consideration before finalisation of the draft interim regulations. This part of the SEA process is expected to be completed by mid-December 2021.
As required under planning legislation, the proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made and the SEA process concluded.
Accordingly, the process for finalising the interim solar panel planning exemptions as referred to above, with interim exclusion zones around airports and aerodromes, is now expected to be completed in early 2022. As outlined, pending the finalisation of the aforementioned aviation safeguarding maps, these interim regulations will allow for the vast majority of the country to be covered by the proposed new solar panel exemptions apart from those areas in close proximity to airports and aerodromes.
Work on the development of the aviation safeguarding maps for airports and aerodromes is expected to be completed in Q2 2022. The final supplementary set of regulations - delineating the final exclusion areas around airports and aerodromes in which the exemptions will not apply - will be prepared thereafter and, subject to environmental reporting considerations, will subsequently be laid in draft form before the Houses of the Oireachtas for approval in a timely manner.
279. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage when he will publish the youth homelessness strategy as part of the new Housing for All plan; and if he will make a statement on the matter. [47488/21]
Amharc ar fhreagraSupporting individuals and families facing homelessness is a key Government priority. Housing for All details how the Government is approaching this challenge, and includes a commitment to develop a Youth Homelessness Strategy within Quarter 1 of 2022. Preparing this strategy will involve co-operation and co-ordination between myself and my colleague the Minister for Children, Equality, Disability, Integration and Youth. Key operational elements in the provision of supports to young people experiencing homelessness, or at risk of homelessness, fall within the responsibility of a range of agencies and stakeholder bodies.
Upon my appointment as Minister, I established a High Level Homelessness Taskforce, to provide a forum for engagement with key organisations working to address homelessness. The Taskforce is also inputting on the implementation of the commitments on homelessness in the Programme for Government. The membership of the Taskforce consists of the Dublin Region Homeless Executive, Crosscare, Depaul, Focus Ireland, the Peter McVerry Trust, Dublin Simon Community, Threshold and the Society of St. Vincent de Paul.
At its recent meetings I have discussed the preparation of the Youth Homelessness Strategy and sought the views of members of the Taskforce. I expect that work on the Strategy will continue through 2021 and into 2022, with broader stakeholder engagement.
280. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if the public sector benchmarking exercise used to evaluate and award the first bundle of social housing public private partnership homes will be published. [47511/21]
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. Building on the successful model of social housing PPPs, Housing for All - a New Housing Plan for Ireland commits to increasing their use to deliver social housing. 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 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 the 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).
Construction on Bundle 1 of the social housing PPP programme is now complete and the remaining homes in Bundle 2 will be delivered later this year. 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 Q4 2021 while tenders will be invited from PPP consortia towards the end of this year.
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 Bundle 1 at this time. However, and in accordance with the 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. My Department will follow these guidelines in relation to the social housing PPP programme.
281. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the date from which 100% of the yield from local property tax will be retained within the county in which it is raised; and if he will list the extent to which local authorities intend to increase or decrease the tax yield by using their discretion to raise or lower the rate for each local authority. [47530/21]
Amharc ar fhreagraLocal retention of Local Property Tax (LPT) began in 2015 and since then the overall principles and allocation methodology have broadly remained the same. Currently, 80% of LPT is retained in the area it is collected, with the other 20% supporting equalisation for local authorities with LPT bases lower than their funding baseline.
The Programme for Government 'Our Shared Future', commits to bringing forward LPT reforms including providing for all money collected locally to be retained within the county. This will also be done on the basis that those counties with a lower LPT base are adjusted via an annual national equalisation fund paid from the Exchequer, as is currently the case.
The Finance (Local Property Tax) (Amendment) Act 2021 gives effect to a package of measures in line with the commitments in the aforementioned Programme for Government to address the future of the LPT. The Government has signalled its intention that the move to 100% local retention of LPT will be introduced over the 2023 and 2024 budgetary cycles. Any changes to the allocation process may be considered in that context.
In the meantime, LPT allocations for 2022 will provisionally be based on updated information regarding the 2021 yield, on a no change basis i.e. the 80:20 model. All other elements will also be based on 2021 figures, including the LPT baselines, the equalisation contribution and self-funding of housing and roads from surplus LPT. It is recognised that the yield will change following the revaluation and the matter will be revisited at that point.
Since 2015, local authorities have had the power to vary the rates of LPT in their areas by up to 15%. The power to vary LPT rates locally enables local authority elected members to directly influence the level of LPT income they have to meet their expenditure requirements.
When an authority decides to vary the LPT basic rate upwards (by up to 15%) it retains 100% of the resultant additional income collected in the local authority area. Likewise, when the rate is reduced, the authority forgoes the full amount of the reduced LPT income collected.
The Finance (Local Property Tax) (Amendment) Act 2021 does not change the extent to which local authorities can vary the local adjustment factor. My Department will publish details on the allocation, including the impact of variation decisions, in the coming weeks.
282. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if the waiver of rates will be extended over the coming 12 months; and the terms applying for the remainder of 2021 and into 2022. [47534/21]
Amharc ar fhreagraIn order to continue supporting ratepayers, and in recognition of the impacts of COVID 19 and the associated public health restrictions, the Government put in place a targeted commercial rates waiver from January to end September 2021. The 2021 rates waiver scheme applies to businesses most seriously affected by the restrictions. Automatic eligibility is extended to hospitality including hotels, pubs and restaurants, leisure and entertainment, personal services such as hairdressers and barbers, and various other sectors. Categories of commercial property, such as offices, industrial premises, banks, building societies and credit unions are not automatically eligible, but may qualify if they can provide proof of serious impact to their local authority. €480m has been allocated by Government to fund the cost of the 2021 commercial rates waiver.
As with all public health measures and associated supports, the waiver of commercial rates will be kept under review. As has been the case since the outset of the COVID-19 pandemic, my Department will continue to engage with the local government sector and with individual local authorities on the financial impacts of the pandemic.
283. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage when the new limits for the Rebuilding Ireland home loan scheme will come into effect; the gross income limit for single applicants and couples, respectively; and if changes will be made to the maximum loan to be issued. [47542/21]
Amharc ar fhreagraAs part of Housing for All, I announced a reformed successor to the Rebuilding Ireland Home Loan Scheme, the 'Local Authority Home Loan'. The Local Authority Home Loan will include an increase in the income ceiling for single applicants.
For counties where the scheme’s house price limit is €320,000 (Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow), the income ceiling for a single applicant will be €65,000. This will be an increase of €15,000 on the €50,000 income ceiling under the current Rebuilding Ireland Home Loan scheme. In the rest of the country where the scheme’s house price limit is €250,000, the income ceiling for a single applicant will remain €50,000. The income ceiling for joint applicants is €75,000. The maximum loan amount will remain €288,000. I look forward to announcing further details in respect of the Local Authority Home Loan in the coming months.
I have already implemented a reduction of the mortgage interest rate for new borrowers by 0.25% under the existing Rebuilding Ireland Home Loan (RIHL), as from 10 September 2021. This lower rate will also apply to loans issued under the forthcoming Local Authority Home Loan.
I also announced a ‘Fresh Start’ principle for applications to State affordable housing and loan schemes. This means that people who are divorced or separated and have no interest in the family home, or who have undergone insolvency proceedings, will be eligible to apply.
284. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage when the new interest rate will be in place for the Rebuilding Ireland home loan; the interest rate which will apply; the mortgage protection rate that will be charged; and the estimated monthly repayments on a €200,000 loan taken out over 30 years. [47543/21]
Amharc ar fhreagraAs part of Housing for All, I announced a reformed successor to the Rebuilding Ireland Home Loan Scheme (RIHL), the 'Local Authority Home Loan'. I also announced an interest rate reduction of 0.25% on local authority mortgage lending.
As of 10 September 2021, the reduction of the mortgage interest rate for new borrowers by 0.25% has already been implemented. It currently applies to new mortgages issued under the existing RIHL and this lower rate will also apply to loans issued under the forthcoming Local Authority Home Loan.
The local authority mortgage protection insurance scheme has applied to all house purchase loans approved by local authorities after 1 July 1986, including the RIHL introduced on 1 February 2018. Local authority mortgage protection insurance is currently charged at the rate of 0.555%, this rate does not vary between local authorities.
The estimated monthly repayment on a RIHL €200,000 loan taken out over 30 years is €908.45, including an interest rate of 2.745% and the current 0.555% MPI rate.
285. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the changes that are planned regarding the income limit for eligibility to go on a social housing list during 2022; and the upper income limit for a single applicant and a couple, respectively. [47544/21]
Amharc ar fhreagra322. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the progress on his long-standing commitment to examine the eligibility criteria used for income thresholds and qualification for the housing waiting lists; and if he will make a statement on the matter. [48332/21]
Amharc ar fhreagraI propose to take Questions Nos. 285 and 322 together.
Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10% and separately a 2.5% allowance for each child.
The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced in 2011 also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.
Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.
However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. As set out in "Housing for All - a New Housing Plan for Ireland", the efficiency of the banding model and its application to local authorities will be considered. Equivalisation as between singles and families will also be considered. The review will also have regard to new initiatives being brought forward in terms of affordability and Cost Rental housing and will be completed when the impacts of these parallel initiatives have been considered.
286. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the upper limit for a HAP rent in each of the four Dublin local authorities for families of different sizes; and if there are plans to review these limits. [47545/21]
Amharc ar fhreagraIncreased rent limits for the Housing Assistance Payment (HAP) and the Rent Supplement Scheme were introduced in 2016. These limits were agreed in conjunction with the Department of Social Protection (DSP). In reviewing the rent limits, my Department worked closely with DSP and monitored data gathered from the Residential Tenancies Board and the HAP Shared Services Centre. The HAP rent limits were increased significantly, in the order of 60% in some cases.
Maximum rent limits for the HAP scheme are set out for each housing authority area by the Housing Assistance Payment (Amendment) Regulations 2017. The current maximum HAP rent limits are available on the Irish Statute Book website at the following link:
www.irishstatutebook.ie/eli/2017/si/56/made/en/print?q=housing&years=2017.
Local authorities also have discretion, because of local rental market conditions, to exceed the maximum rent limit by up to 20%, or up to 50% in the Dublin region for those households either in, or at immediate risk of homelessness. It should be noted that it is a matter for the local authority to determine whether the application of the flexibility is warranted on a case by case basis and also the level of additional discretion applied in each case.
In considering this issue, I am conscious that increasing the current HAP rent limits could have negative inflationary impacts, leading to a detrimental impact on the wider rental market, including for those households who are not receiving HAP support.
My Department continues to keep the operation of the HAP scheme under review and closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis.
The Programme for Government commits to ensuring that HAP levels are adequate to support vulnerable households, while we increase the supply of social housing. Under Housing for All, my Department will undertake an analytical exercise to examine whether an increase in the level of discretion available to Local Authorities under HAP is required, in order to maintain adequate levels of HAP support.
287. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the planned duration of restrictions on eviction notices under the special Covid-19 rules; and if he is considering any further extension of these protections. [47547/21]
Amharc ar fhreagra288. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage when he plans to legislate for new protections for tenants; the target date it is hoped that they will come into effect; and the provisions planned. [47548/21]
Amharc ar fhreagraI propose to take Questions Nos. 287 and 288 together.
The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020 to temporarily modify the operation of the Residential Tenancies Acts to prevent any notices of termination served by landlords, in all but limited cases, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence to help protect the population from the spread of Covid-19. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations. The most recent tenancy protections that applied on foot of a 5km travel restriction covered the period from 31 December 2020 to 22 April 2021. If the Minister for Health makes regulations restricting movement outside a 5 km radius of one's place of residence in the future, the moratorium on evictions taking effect will automatically apply in the relevant area during the relevant period.
The Residential Tenancies and Valuation Act 2020 introduced permanent protections to provide new procedures to be followed in the context of rent arrears warnings and associated tenancy terminations.
Any notice of termination grounded on rent arrears must be copied to the Residential Tenancies Board (RTB) and will be invalid if it is not so copied. A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days (doubled from 14 days since 1 August 2020) following receipt of the warning by the tenant or by the RTB, whichever occurs later.
Where a tenancy is to be terminated on grounds of rent arrears on foot of Covid-19, enhanced protections and procedures apply for tenants and landlords under Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA). The PDRTA provides for temporary modifications to the operation of the Residential Tenancies Act 2004 to provide, subject to certain conditions, that during the period from 11 January 2021 to 12 January 2022 a 90 day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy. The earliest termination date allowed in such circumstances is 13 January 2022. Rent increases are also prohibited for relevant tenancies until 13 January 2022.
The targeted ban on rent increases under the PDRTA is due to expire on 12 January 2022. The Government will consider in due course what measures, if any, are required after this date to support tenants in financial difficulty due to Covid-19. The operation of the rental market and the Residential Tenancies Acts 2004-2021 are kept under constant review and any necessary legislation will be introduced.
The Residential Tenancies Board (RTB) displays comprehensive information on its website - www.rtb.ie - including guidance and frequently asked questions documents relating to rent reviews and terminating tenancies during the Covid-19 pandemic.
A number of targeted measures and initiatives are currently being developed to provide better security of tenure and greater rent certainty for tenants, as well as enhancing the supports and services available to both tenants and landlords through the RTB particularly, to facilitate the development of a more vibrant and sustainable rental sector. Inter alia, these initiatives include:
- the recent extension of Rent Pressure Zone (RPZ) protections to the end of 2024 and the prohibition on rent increases exceeding any general inflation, as recorded by the Harmonised Index of Consumer Prices (HICP), which will be re-examined in the light of prevailing inflation rate;
- the bringing forward of legislation to address long- term security of tenure including by providing for tenancies of indefinite duration, subject to legal advice;
- to enhance tenancy protections for those living in dwellings that are affected by a receivership situation;
- amending the Residential Tenancies Acts to provide for default conciliation as the first step in the RTB’s dispute resolution process;
- increasing enforcement of registration of tenancies by RTB;
- the development and publication of a standard tenancy agreement by the RTB; and
- reviewing the recommendations of the Working Group on the Tax and Fiscal Treatment of Landlords, which was chaired by the Department of Finance.
The necessary legislative change will be progressed through the Housing and Residential Tenancies Bill 2021, which I intend to bring forward before the end of this Dáil term with a view to early commencement.
The Residential Tenancies (No. 2) Act 2021 introduced measures in July 2021 to better protect tenants with affordability challenges by extending the operation of RPZs until the end of 2024 and prohibiting any necessary rent increase in a RPZ from exceeding general inflation, as recorded by the Harmonised Index of Consumer Prices (HICP). This measure significantly reduced the level of permissible rent increases for the estimated 74% of all tenancies which are in RPZs. The linkage with HICP aims to safeguard continued investment in the sector by existing and new landlords to deliver the much needed supply of high-quality rental accommodation while protecting against a significant increase in rental inflation in the coming years.
When introducing these measures, I was very clear on the need to carefully monitor inflation. At that time, HICP inflation averaged 0.73% p.a. over the previous 3 years but had risen to 1.6% p.a. in the year ending June 2021. I needed to revise the RPZ rent control relatively quickly in July, on a basis that could be independently verified. The Residential Tenancies (No. 2) Act 2021 also provides that an index, other than HICP, may be prescribed for the purposes of restricting rent increases in RPZs. Given the continuing rise in HICP inflation, up to 3% p.a. in August, I will consider all the legal options available to me to ensure that effective rent controls are legally in force in RPZs to cap the rate of any rent increase where the general inflation rate is too high. Any necessary provision relating to rent control in RPZs will be considered in the context of the impending Housing and Residential Tenancies Bill 2021. My Department is currently examining this matter and the advices of the Office of the Attorney General will inform any changes in this area.
289. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he has made any changes in the terms of the housing assistance payments available to pensioners and those who need adaptation on grounds of disability or in the means test that will apply during 2022. [47549/21]
Amharc ar fhreagraIn order to qualify for HAP, a household must first be assessed as eligible for social housing support. Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
If a household meets the eligibility and need criteria, it qualifies for the suite of social housing supports, including HAP, and is placed on the housing list to be considered for the allocation of suitable tenancies in accordance with the authority’s allocation scheme.
A key principle of the HAP scheme is that eligible households source their own accommodation in the private rented sector, which best suits their needs, in their area of choice. In cases where there is a distinct on-going dependent relationship, or where additional requirements are necessary in order to assist a person with a disability, local authorities may consider the individual circumstances of each case.
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/
As detailed in Housing for All, housing policy objectives 6 and 7 give a commitment to undertaking a review of the range of housing grants available to assist with meeting specific housing needs both for our ageing population and people with a disability. Officials from my Department will begin a review of the existing grant limits and income thresholds applicable to the grant schemes later this year.
290. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of applications received in 2021 for regeneration areas from local authorities; the number to be granted in 2021 and the number expected to be granted in 2022. [47559/21]
Amharc ar fhreagraMy Department currently funds multi-year programmes of large-scale regeneration projects in Limerick, Cork and Dublin and smaller projects in Tralee, Sligo and Dundalk. These projects seek to address the causes of disadvantage in these communities through a holistic programme of physical, social and economic regeneration. The regeneration projects being funded by my Department target the country’s most disadvantaged communities, including those defined by the most extreme social exclusion, unemployment and anti-social behaviour.
Current regeneration areas being funded through the Regeneration programme include:
- Moyross, Southill, Ballinacurra Weston and St Mary’s Park in Limerick City
- Cork North West Quarter (CNWQ) Regeneration Programme
- Cox’s Demesne in Dundalk, Cranmore Regeneration Project in Sligo
- Tralee Regeneration Programme in Co. Kerry
- Pearse House, Constitution Hill and Matt Talbot Court in Dublin City
My Department has not received any submissions in 2021 for the establishment of new regeneration areas. However, funding is available and new applications for funding consideration will be welcomed by my Department.
My Department is currently working with Dublin City Council (DCC) in progressing the regeneration of Oliver Bond House and DCC have indicated that they will be submitting a funding application in the coming weeks.
291. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the person or body which a farmer can contact to confirm if the farmer's holding has been removed from a SAC; and if he will make a statement on the matter. [47574/21]
Amharc ar fhreagraIreland, like all Member States, is bound by the requirements of the EU Nature Directives which aim to ensure the protection of habitats and species within Special Areas of Conservation (SACs) and special protection areas (SPAs).
My Department writes to all identified land owners with a legal interest in a site, outlining the intention to designate the site, the appeals process that can be undertaken and how to get further information. Public notices in relation to the proposed designation are also advertised in the media, and Government Departments, public authorities, State and semi-State agencies and bodies representing environmental, farming and business interests are notified directly.
Where a landowner has a query in relation to a specific site, the best course of action is to contact my officials in the National Parks and Wildlife Service by email at natureconservation@housing.gov.ie, and they will be happy to assist.
