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Thursday, 7 Oct 2021

Written Answers Nos. 218-232

Departmental Investigations

Ceisteanna (218)

Paul Murphy

Ceist:

218. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 389 of 9 September 2021, if it remains his position that no file relating to an investigation was created by his Department in view of an affidavit (details supplied). [48796/21]

Amharc ar fhreagra

Freagraí scríofa

I refer to reply to Questions No. 389 and 390 of 9 September 2021. The position remains the same.

Nitrates Usage

Ceisteanna (219)

Matt Carthy

Ceist:

219. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage if he will consider redrafting the draft nitrates plan for further consultation (details supplied); and if he will make a statement on the matter. [48859/21]

Amharc ar fhreagra

Freagraí scríofa

Ireland’s Nitrates Action Programme is a key instrument in achieving good water quality. It is designed to prevent pollution of surface waters and groundwater from agricultural sources and to protect and improve water quality. It is given effect by the Good Agricultural Practice Regulations (SI 605/2017), as amended. The current regulations run to the end of 2021 and a new Nitrates Action Programme will be published towards the end of this year.

The current review of the Nitrates Action Programme is being led by the Nitrates Expert Group, which includes scientific experts from my own Department; the Department of Agriculture, Food and Marine; Teagasc and the Environmental Protection Agency (EPA). The Nitrates Expert Group will assess the most up to date scientific evidence, and will advise me on the measures that should be included in the next Action Programme. The Expert Group have engaged, and will continue to do so, in bilateral discussions with interested stakeholder groups as part of the review.

The EPA’s Water Quality Indicator’s Report 2021 shows that nearly half of Ireland’s rivers have unsatisfactory nitrogen concentrations and over one quarter of rivers have unsatisfactory phosphorous concentrations. One of the purposes of the revised Nitrates Action Programme is to help reverse these declining water quality trends. The EPA have also estimated that up to 85% of nitrogen in mainly rural catchments comes from agricultural sources.

Following the first public consultation in late-2020, a second consultation phase on the draft Nitrates Action Programme has just been completed, with over 600 responses submitted. These are currently being assessed with a view to adapting and finalising the measures in the Nitrates Action Programme 2022-2025.

I note and appreciate that concerns have been raised in some submissions around the proposed measures. These will be taken into consideration by the Nitrates Expert Group in the design and recommendation of the final measures. I should also note that the proposed measures are based on robust scientific assessment and are designed to achieve the objectives of the Nitrates Action Programme and must respond to the water quality trends reported by the Environmental Protection Agency.

The 2 public consultation processes which have been held on the proposed Nitrates Action Programme are important in informing the design of the final Programme. As the current round of submissions are currently being assessed it would not be possible to provide for a 3rd round of public consultation give the deadline of 31st December 2021 for the publication of the final Action Programme.

Horticulture Sector

Ceisteanna (220)

Matt Carthy

Ceist:

220. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the point at which his attention was drawn to the fact that the report of the working group on horticultural peat would not be furnishing the Minister of State with a completed report by the end of September 2021; and if he will make a statement on the matter. [48862/21]

Amharc ar fhreagra

Freagraí scríofa

The request by the Chair of the working group for an extension to the end-of-September timeline for submission of the Report referred to by the Deputy was first brought to my attention on the morning of 29 September.

The Chair indicated that a brief additional period of time would be required in order to take account of technical meetings conducted by the group on the different strands of peat requirement for each of the horticulture growing sectors, which concluded on 10 September, and to allow time for the group to discuss and finalise its report.

I agreed to this request and my response was communicated to the Chair the same day. I expect to receive the report before the end of October.

Housing Policy

Ceisteanna (221)

Dara Calleary

Ceist:

221. Deputy Dara Calleary asked the Minister for Housing, Local Government and Heritage the existing schemes and his proposals as outlined in Housing for All to convert existing but vacant commercial premises, including licensed premises and pubs to residential use; the timelines for the introduction of supports; and if he will make a statement on the matter. [48874/21]

Amharc ar fhreagra

Freagraí scríofa

The Government and I recognise that in order to resolve the housing crisis we need to give consideration to every viable and sustainable option at our disposal, including converting existing vacant commercial premises to residential use. The actions set out under Pathway 4 of Housing for All, "Addressing Vacancy and Efficient Use of Existing Stock", and in particular action 20.3, "Review and extend planning regulations that exempt certain vacant commercial premises from requiring planning permission to change of use for residential purposes to 2025" will help us to deliver this. Much housing demand within Local Authorities is for smaller homes for single people. Our town centres, above shops and older building stock can provide solutions through adaptive reuse, backfilling plots in towns, converting former retail units to full occupancy and infilling derelict sites within town, city and village settings. Under Housing for All I have committed to reviewing and extending the regulations that exempt certain vacant commercial premises, such as ‘over the shop’ type spaces, from requiring planning permission for change of use for residential purposes to 2025. This is underway will be completed by the end of the year. However, it should be noted that under section 262(4) of the Planning and Development Act 2000, as amended, legislative proposals in relation to exempted development require the approval of both Houses of the Oireachtas before they can be signed into law. I propose to submit draft legislative proposals in this regard to the Oireachtas shortly.Tackling complex and challenging town centre renewal projects to deliver new social homes is a challenge for Local Authorities when the priority is to deliver new homes at scale to meet the need of those on waiting lists. But as Local Authority capacity is further built up to cater for increased output levels and complexities of the development process, there will be increased capacity to deliver more residential accommodation in town centres utilising existing vacant and derelict properties.

Under Housing for All , in addition to the planning exemptions mentioned, a wide range of measures are being pursued to make more efficient use of existing stock, such as:

- A new local authority-led programme to help Local Authorities buy or compulsory purchase 2,500 vacant homes in their areas which can then be sold on the open market will ensure homes don’t lie vacant.

- Reform of the Fair Deal Scheme to remove disincentives to selling or renting unused homes.

- The Croí Cónaithe (Towns) Fund will be delivered by local authorities for the provision of serviced sites for housing, to attract people to build their own homes and to support the refurbishment of vacant properties, enabling people to live in small towns and villages, in a sustainable way.

- The Historic Towns Initiative is a capital grant scheme, operated in conjunction with the Heritage Council. The initiative will be adjusted so that there will be a particular focus ‘to encourage private owners and/or occupiers to bring vacant floor area in historic buildings back into use’ and projects ‘that address dereliction and vacancy ’. There will be an additional €2 million in funding in the 2022 scheme.

These measures are in addition to the vacant property tax and vacant site tax being pursued by the Department of Finance.

Forestry Sector

Ceisteanna (222)

Neasa Hourigan

Ceist:

222. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage his plans to protect the small remnant of ancient oakwood at the Uragh woods Special Area of Conservation from destruction by both wild and domestic grazing animals. [48932/21]

Amharc ar fhreagra

Freagraí scríofa

National Parks and Wildlife Service (NPWS) officials of my Department monitor designated sites and, in conjunction, with other public authorities, as appropriate, investigate incidents within these sites in accordance with the provisions of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011.

The re-fencing of Uragh Wood Nature Reserve is intended to form part of my Capital programme for 2022. Once the fencing project is completed my Department intends to address the additional grazing pressures on the site by both domestics stock, feral goats and deer through established management techniques.

Vacant Sites

Ceisteanna (223, 224, 225)

Michael McNamara

Ceist:

223. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the number of sites placed on the vacant sites register of each local authority since 2015. [48942/21]

Amharc ar fhreagra

Michael McNamara

Ceist:

224. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the number of notices issued under section 7 of the Urban Regeneration and Housing Act 2015 by each local authority each year since 2015. [48943/21]

Amharc ar fhreagra

Michael McNamara

Ceist:

225. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the amount levied by each local authority each year since 2018 as a levy under section 15 of the Urban Regeneration and Housing Act 2015 known as a vacant site levy. [48944/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 223, 224 and 225 together.

Under the vacant site levy provisions in the Urban Regeneration and Housing Act 2015, 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 registers from 2019 onwards which site owners became liable to pay in January 2020.

My Department does not maintain a central register of vacant sites as each local authority administers the vacant site levy in respect of their functional area; this includes site assessment, assignment of market valuation and maintaining a local register. As provided for under the Act, the register in respect of each local authority is available for inspection at its offices and online on its website. Therefore, the specific information requested on the number of sites included on local authority registers or in respect of which section 7 notices have issued is not available to my Department.

My Department proactively engages with local authorities with a view to ensuring that the vacant site levy achieves its full potential in terms of bringing concerned sites into productive use. In this regard, my Department issued Circular Letter PL 03/2021 on 8 March 2021 requesting the submission of a progress report on the collection of the levy by each local authority. A response has now been received from each of the 31 local authorities. The progress reports noted the following:

2018

- 89 sites valued at €132m were liable to the levy at the 3% rate in 2019 in respect of 2018;

- 86 letters issued in 2019/2020 demanding levy payments to a value of €4.1m in respect of 2018;

- €905k in levy payments were received in respect of 2018;

- levy payments of €1.2m are outstanding in respect of 2018.*

(*It should be noted that some sites were de-registered following the issuing of payment demands due to appeal or notification of commencement of development etc. As a result, the amount collected plus the amount outstanding does not equal the value of the demands issued.)

2019

- 181 sites valued at €198m were liable to the levy at the 7% rate in 2020 in respect of 2019;

- 153 letters issued in 2020 demanding levy payments to a value of €13m in respect of 2019;

- €1.18m in levy payments were received in respect of 2019;

- levy payments of €11.5m are outstanding in respect of 2019.

2020

- 215 sites valued at €268m were liable to the levy at the 7% rate in 2021 in respect of 2020;

- 79 letters issued in 2021 demanding levy payments to a value of €11.8m in respect of 2020;

- €21k in levy payments were received in respect of 2020;

- levy payments of €14.3m are outstanding in respect of 2020.

It should be noted that the vacant site levy is collected in arrears. The levy due in respect of 2020 is collected in 2021. Local authorities are still issuing demands in respect of 2020. A number of local authorities noted delays in issuing payment demands in respect of 2020 due to COVID-19. Local authorities will continue to issue demands for payment of the levy in respect of 2021.

All levies due on an individual site will remain a charge on the land concerned until all outstanding levies due are paid. Accordingly, under the vacant site levy provisions, there will be a cumulative effect associated with not activating a site for development purposes for each year that a site remains vacant or idle and in respect of which levy liability is not paid.

Question No. 224 answered with Question No. 223.
Question No. 225 answered with Question No. 223.

Foreshore Issues

Ceisteanna (226)

Éamon Ó Cuív

Ceist:

226. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when it is planned to make a decision in relation to breaches of the foreshore laws in a location (details supplied); when these breaches were first brought to the attention of his Department; and if he will make a statement on the matter. [48981/21]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 735 of 27 July 2021 which sets out the position on the matter. This issue was first brought to the attention of my Department in April 2014 on foot of a private litigation and legal advice was sought from the Chief State Solicitor’s Office (CSSO). The property continues to be subject to Circuit Court Litigation between private parties, the outcome of which is awaited before further steps will be considered by the State. My Department is continuing to work with the CSSO to progress this matter and the appropriate next steps will be determined.

Passport Services

Ceisteanna (227)

Thomas Pringle

Ceist:

227. Deputy Thomas Pringle asked the Minister for Foreign Affairs the reason a passport has not been finalised in the case of a person (details supplied); and if he will make a statement on the matter. [48803/21]

Amharc ar fhreagra

Freagraí scríofa

With regard to the specific application about which the Deputy has enquired, the Passport Service has provided an update on the status of the passport application to the applicant.

The current turnaround times are 10 working days for Simple Adult renewals, 15 working days for Complex renewals, 40 working days for First Time Applications on Passport Online and 8 weeks for Passport Express for applications which have been completed correctly.

Irish Aid

Ceisteanna (228)

Carol Nolan

Ceist:

228. Deputy Carol Nolan asked the Minister for Foreign Affairs the financial commitments his Department has made for 2022 and beyond to fund the UNESCO programme Our Rights, Our Lives, Our Future O3; the monitoring or evaluation Irish Aid has carried out of the programme; if any monitoring or evaluation reports on Irish Aid funding of the programme will be made available publicly; if the funding agreement, memorandum of understanding or contract between Irish Aid and UNESCO will be made available publicly; the reason the planned funding of the programme in Ghana did not proceed following its launch in Accra in January 2019; and if he will make a statement on the matter. [48954/21]

Amharc ar fhreagra

Freagraí scríofa

My Department has supported the UNESCO Our Rights, Our Lives, Our Future (O3) programme over the period 2017-2020 to enable adolescents and young people in Sub-Saharan Africa realise positive health, education and gender equality outcomes. Funding was paused in 2021, due to COVID-19 related school closures which affected programme delivery. No decisions have been made in respect of future funding at this stage.

Monitoring of the UNESCO O3 programme is conducted through the Department's standard approach to grant management, which includes review and appraisal of reports on the overall 03 programme, and specific reports on activities funded by Ireland in Ethiopia, Uganda, Zambia and Zimbabwe. Specific Irish funding has never been provided to O3 programming in Ghana.

My Department holds periodic meetings with the UNESCO O3 programme team to review progress, and also receives UNESCO annual audits and financial statements.

Until the onset of COVID-19 related travel restrictions, staff from my Department were able to conduct field-based monitoring visits of programmes, including the UNESCO O3 programme in Uganda and Zambia. UNESCO will conduct an evaluation of the programme’s impact towards the end of 2022.

Special Educational Needs

Ceisteanna (229)

Martin Browne

Ceist:

229. Deputy Martin Browne asked the Minister for Education the process involved in applying for an ASD unit in a local school; the assessments that would be needed to be undertaken by the children involved; the requirements of the school in this process; the involvement of the local community in this process; the level of demand needed for a successful application; and if she will make a statement on the matter. [48791/21]

Amharc ar fhreagra

Freagraí scríofa

It is my belief that children with special educational needs should receive their education in placements which are appropriate to their needs alongside their peers, wherever possible, unless such an approach would be inconsistent with the best interests of the individual child or other children in the school.

This approach is consistent with the provisions of the Education for Persons with Special Educational Needs (EPSEN) Act 2004.

My Department's policy is therefore to provide for the inclusive education of children with special educational needs in mainstream schools. The majority of children with special needs attend mainstream education with additional supports

This policy is supported by significant investment by this Government. The State will spend approximately €2 Billion this year on making additional provision for children with special educational needs.

Only where it has been assessed that a child is unable to be supported in mainstream education, are special class placements or special school placements recommended and provided for.

It is therefore not the case that special educational placements are required to support all children with special educational needs, nor is it intended that this should be the case.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide. It has well established structures in place for engaging with schools and parents. NCSE seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special education placements.

It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school.

The NCSE has published on its website (at www.ncse.ie) Guidelines for Setting up and Organising Special Classes . The guidelines set out clearly how schools can set up and organise special classes, as part of a continuum of educational provision, for students with special educational needs.

I can also reassure the Deputy that the local Special Educational Needs Organisers (SENOs) continue to be available to assist and advise both schools and the parents of children with special educational needs.

School Transport

Ceisteanna (230)

Robert Troy

Ceist:

230. Deputy Robert Troy asked the Minister for Education if the school transport grant can be extended to students attending schools in circumstances in which a bus is unavailable such as in a case (details supplied). [48846/21]

Amharc ar fhreagra

Freagraí scríofa

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

All children who are eligible for school transport and who completed the application and payment process on time for the 2021/22 school year will be accommodated on school transport services where such services are in operation. Children who are not eligible for school transport may apply for transport on a concessionary basis only and are offered seats where capacity exists after all eligible children have been catered for.

Late applicants and/or families who pay late are not guaranteed a seat and will only be allocated a seat if capacity is available once seats are allocated to those families who applied and paid on time for transport services for the 2021/2022 school year.

Bus Éireann has confirmed that the pupil referred to by the Deputy is not eligible for transport under the terms of the scheme. Bus Éireann has also confirmed that an application for transport was first received for this pupil on 21/06/2021 for the 2021/22 school year and as such was a late application. A payment was received for this pupil on 21/07/2021 and a refund was issued on 22/09/2021.

A child who is eligible for school transport but for whom no transport service is available may, following an application/payment for transport within the prescribed time limits, receive a Remote Area Grant towards the cost of private transport arrangements. Therefore, payment of a grant in this instance cannot be considered.

School Facilities

Ceisteanna (231)

Barry Cowen

Ceist:

231. Deputy Barry Cowen asked the Minister for Education the progress of the new school facilities at a school (details supplied). [48771/21]

Amharc ar fhreagra

Freagraí scríofa

The major building project for the school referred to by the Deputy is currently at Stage 1 of Architectural Planning, which entails preliminary site and design options.

The Design Team has been instructed to provide an initial sketch scheme for a 1,300 pupil new build school, and to submit their proposals to the Department for review.

Officials from the Professional and Technical Section of the School Building Unit have held a number of interim architectural design workshops with the Consultant Architect to provide assistance and guidance to complete the scheme in compliance with my Department's Technical Guidance Documents.

Currently the Design Team Architect is preparing a revised option, taking account of comments provided by the Department.

It is anticipated that the Stage 1 Report will be finalised and submitted to the Department for review shortly, with a date to be arranged for presentation by the Design Team to the school and the Department.

School Transport

Ceisteanna (232)

Michael Ring

Ceist:

232. Deputy Michael Ring asked the Minister for Education if it is possible for the times of a school bus service (details supplied) in County Mayo to be reviewed and amended in view of the difficulties which it is causing for the children using the service. [48804/21]

Amharc ar fhreagra

Freagraí scríofa

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

Bus Éireann is responsible for the planning and timetabling of school transport routes and endeavours, within available resources, to ensure that each eligible child has a reasonable level of school transport service in the context of the Scheme nationally.

Where practicable, and subject to considerations of cost and logistics, routes are planned to avoid an eligible child having to travel more than 2.4 kms to or from a pick up/set down point or to have travel and waiting times in excess of 2.5 hours per day. Routes are planned on the basis of the locations of children who are eligible for school transport only.

Bus Eireann have advised that the pupils, to whom the Deputy refers, are eligible for school transport. These pupils are picked up at 7.15 and dropped back to the pick-up point at 17.15 two days per week and at 16.40 three days per week.

School Transport Section of my Department will liaise further with Bus Éireann in relation to the travel times for the pupils to which the Deputy refers.

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