Written Answers Nos. 364-393
364. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the measures taken by the National Parks and Wildlife Service to ensure proper game management; and if he will make a statement on the matter. [52465/21]
Amharc ar fhreagraUnder the Wildlife Acts, there is an Open Season for hunting game bird species, which extends from 1 September to varying dates up to the end of January depending on the species concerned. There is no separate licence required from my Department to shoot listed wildfowl unless it is over State foreshore, inland waters and accretions belonging to the State.
Under Section 30 of the Wildlife Act 1976, as amended, I may grant permission to “hunt protected wild animals and wild birds on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake, or accretion from the sea where such land is owned by the State” .
In addition to this, in situations where serious damage is being caused to agricultural crops, forestry plantations, other fauna, etc. by different species, there is a facility under the Wildlife Acts for a person to obtain a permit from my Department to take action where serious damage is being caused. This permit is obtained under Section 42 of the Wildlife Acts.
Applications for such permits are considered by my Department, through the National Parks and Wildlife Service (NPWS), on a case by case basis, against a protected species which can include the scaring, capturing or killing of the said species. The applications are subject to examination by Regional staff in the NPWS.
Applications may also be made to the NPWS under Section 29(1) of the Wildlife Acts for a licence to hunt deer. There is an annual Open Season during which deer can be legally shot under licence. The current hunting season or open season for deer operates generally from 1 September to the last day of February, depending on the species and gender of deer.
365. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage when his Department will respond to a person (details supplied) regarding an environmental impact assessment report; the reason for the delay; and if he will make a statement on the matter. [52469/21]
Amharc ar fhreagraI can confirm that I have received a letter from SSE Renewables, on 13 October 2021, regarding a current application from that company to make a number of amendments, including an extension of the long-stop dates, specified in the 2002 Foreshore Lease for the Arklow Banks Wind Farm.
While I note the frustration of SSE Renewables at the time being taken to progress this application, it is important to note that the amendments being sought by SSE are unprecedented in terms of the level of change from the existing lease arrangements. It is therefore necessary for my Department to review this application carefully.
That being said, my Department will shortly be in a position to provide a further update to SSE Renewables in relation to the decision-making process pertaining to the application to amend their lease.
366. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage when the local authority affordable homes scheme and the first home scheme will be in place and begin accepting applications; and if he will make a statement on the matter. [52485/21]
Amharc ar fhreagraThe Housing for All Strategy delivers on the Programme for Government commitment to step up housing supply and put affordability at the heart of the housing system, with an ambitious target of 300,000 homes over the next decade for social, affordable and cost rental, private rental and private ownership housing.
Measures to deliver this housing are supported by over €4 billion in funding annually, representing the highest ever level of Government investment in building social and affordable housing. 54,000 affordable home interventions will be delivered between now and 2030 to be facilitated by local authorities, Approved Housing Bodies, the Land Development Agency and through a strategic partnership between the State and retail banks.
Delivery of affordable housing, in accordance with the schemes set out in the Affordable Housing Act, 2021 and the funding being made available, will be underpinned by the preparation by local authorities of Housing Delivery Action Plans. Local authorities will be submitting their Plans to me, to include social and affordable housing, before the end of December 2021. This will allow each local authority to determine any affordability constraint in their area based on the Housing Need and Demand Assessment and plan provision accordingly.
Arising from the Programme for Government commitment to extend the Serviced Sites Fund (SSF), a review of SSF progress and projects to date was undertaken. Having regard to feedback from local authorities, a number of significant improvements to the funding scheme, now named the Affordable Housing Funding (AHF) scheme, have been agreed and communicated to local authorities by way of Circular in June 2021.
My Department has been accepting AHF applications since 1 September 2021. Furthermore, my Department is currently engaging with the 14 local authorities with SSF schemes approved in principle to clarify whether they now wish to continue with their SSF application as agreed or re-submit their application to be considered under the new terms of the AHF. It is intended that regulations regarding income eligibility in respect of the Local Authority Affordable Purchase Scheme will be put in place by November.
The detailed design of the First Home scheme is currently progressing, for the scheme’s introduction in 2022. Eligibility will be informed by the Central Bank’s macro-prudential rules along with designated price ceilings established by area for the scheme. Price ceilings for eligible homes and the maximum level of support available will be confirmed in advance of the scheme’s operation.
367. Deputy Charles Flanagan asked the Minister for Housing, Local Government and Heritage if consideration on an exceptional basis will be given to a person (details supplied) to avail of a home loan under the Rebuilding Ireland home loan scheme if the person already has a mortgage through the local authority for an affordable property; and if he will make a statement on the matter. [52551/21]
Amharc ar fhreagraThe Rebuilding Ireland Home Loan Scheme enables credit-worthy first-time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range, where they cannot obtain sufficient mortgage finance from a commercial lender.
As with the previous local authority loan offerings, the Rebuilding Ireland Home Loan is currently available to first-time buyers only. This is set out in the regulations governing the Scheme and ensures the effective targeting of limited resources.
The final decision on loan approval is a matter for the relevant local authority and its credit committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the Regulations establishing the scheme and the credit policy that underpins the scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities.
370. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage if persons who are divorced or legally separated will be considered as eligible applicants for the proposed first home affordable purchase shared equity scheme; when the details of the scheme will be announced; and if he will make a statement on the matter. [52567/21]
Amharc ar fhreagraHousing for All is the most ambitious housing plan in the history of our State, backed up by an unprecedented financial commitment of in excess of €4bn per annum. As detailed in Housing for All under ‘Pathway to Supporting Home Ownership and Increasing Affordability’, affordable purchase and the home loan scheme will be primarily targeted at first time buyers. However, the plan also confirms that it is intended that a ‘Fresh Start’ principle will apply for applications to these schemes. Depending on the particular scheme, this could mean that people who had been involved in a relationship breakdown or who have undergone insolvency proceedings, will be eligible to apply.
Housing for All commits to delivering an average of 4,000 affordable purchase homes per annum. Regarding the Local Authority Affordable Purchase Scheme, I have already commenced Part 2 of the Affordable Housing Act 2021 regarding Affordable Dwelling Purchase Arrangements. Section 10 of that Act details criteria for the assessment of applicant eligibility by a housing authority and provides eligibility in cases where a marriage, civil partnership or relationship has ended. It is intended the Regulations governing the operation of these provisions will be put in place in the near future. It is intended that upon deployment of the First Home Shared Equity Scheme, the Fresh Start principle would also apply.
My Department is engaging with a range of stakeholders including representatives from the Banking Payments Federation of Ireland, Bank of Ireland, Allied Irish Bank and PTSB to consider the administrative and operational provisions of the First Home scheme. Work on the detailed design and operation of the scheme is advancing. The full scheme details will be confirmed on completion of this work.
371. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the refusal of Rebuilding Ireland to approve home loans due to a failure to save in circumstances in which women were in receipt of maternity benefit with no additional payment from their employer; and if he will make a statement on the matter. [52574/21]
Amharc ar fhreagraApplicants for the Rebuilding Ireland Home Loan must be of good credit standing; have a satisfactory credit record; and be a first time buyer, to be eligible.
Applicants must provide bank or similar statements (such as post office, credit union etc.) for a 12-month period immediately prior to making an application, clearly showing a credible and consistent track record of savings. The cash savings should be no less than 3% of the market value of the property. Gifts are permissible up to 7% of the market value of the property, where their source is verified.
To support prudential lending and consistency of treatment for borrowers, a Loan to Value ratio of 90% applies to the Rebuilding Ireland Home Loan. Therefore, in order to avail of the loan, applicants must have a deposit equivalent to 10% of the market value of the property.
The Housing Agency provides a central credit assessment service to local authorities and credit checks are undertaken as part of the credit assessment process. The final decision on loan approval is a matter for the relevant local authority and its credit committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the statutory credit policy that underpins the Scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities.
Loan applicants who are dissatisfied with a loan application decision of a local authority Credit Committee may appeal that decision to the local authority. Details of the appeals process can be obtained from the relevant local authority.
372. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage the number of persons in RTB registered tenancies. [52607/21]
Amharc ar fhreagra373. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage the breakdown by age of persons in RTB registered tenancies. [52608/21]
Amharc ar fhreagra374. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage the breakdown by county of RTB registered tenancies. [52609/21]
Amharc ar fhreagraI propose to take Questions Nos. 372 to 374, inclusive, together.
The 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.
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.
375. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the number of properties that have been brought back into stock through the repair and lease scheme per local authority in the past five years; and if he will make a statement on the matter. [52625/21]
Amharc ar fhreagraThe Repair and Leasing Scheme (RLS) is targeted at owners of vacant properties who cannot afford or who do not have access to the funding required to bring those properties up to the required standard for rental property. The Local Authority or Approved Housing Body pays for the repairs upfront and the home is used for social housing under a lease for a period of at least 5 years. The cost of the repairs carried out is offset against future rent paid.
RLS tackles vacancy as well as having additional benefits in terms of regeneration, employment and investment in local areas.
At end of Q2 2021, a total of 267 dwellings had been brought back into use under the scheme across a range of dwelling types, including over the shop properties, former bedsits, city centre terraced houses, and one off rural dwellings.
Data to end Q2 2021 in relation to dwellings delivered by each local authority under RLS is available on my Department's website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls
The Government's new Housing Plan, Housing for All, has committed to supporting local authorities to drive expanded take-up of the RLS.
376. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the number of properties that have been compulsory purchase ordered per local authority in the past five years; and if he will make a statement on the matter. [52626/21]
Amharc ar fhreagraThe information requested is not collected by my Department, as the approval or confirmation of proposals for the compulsory purchase of land or property by statutory authorities is a matter for An Bord Pleanála.
In this connection, arrangements have been put in place by each Agency under the remit of my Department, including An Bord Pleanála, to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for An Bord Pleanála in this regard is oireachtasqueries@pleanala.ie.
377. Deputy Chris Andrews asked the Minister for Housing, Local Government and Heritage if he will engage with NAMA on the issue of NAMA transferring its interest in the glass bottle site, Ringsend to Dublin City Council in order to provide the 600 social and affordable homes that were committed to; and if he will make a statement on the matter. [52633/21]
Amharc ar fhreagraThe regeneration of Poolbeg West is the next important step in transforming the Docklands area, given its strategic location east of Grand Canal Dock, with close proximity to important bridge connections to Dublin Port and North Lotts. The residential potential within the available lands is for c. 3,500 additional residential units.
The National Asset Management Agency (NAMA) being the responsible agency for the progression of this site in line with the requirements of the NAMA Act, in July 2020, named a consortium of Ronan Group Real Estate (RGRE) and Colony Capital (Colony) as the Preferred Bidder to acquire the 80% shareholding with NAMA retaining a 20% shareholding. As the Agency winds down in 2025, any consideration regarding the transfer of NAMA's 20% shareholding to a suitable State body would be a matter for the Minister for Finance as line Minister in conjunction with NAMA.
More broadly, a condition of the planning scheme as modified by An Bord Pleanála on 9 April 2019, is the provision of 15% social and affordable homes on this site in addition to the 10% statutory requirement for social homes under Part V arrangements.
I am advised that there is a planning application currently under consideration by Dublin City Council for the first 600 residential homes at the former glass bottle site. This application includes a provision for 90 affordable homes and 62 social homes.
My Department remains committed to working with Dublin City Council, any relevant Approved Housing Bodies and the receiver and/or developers of the SDZ area to progress this site, subject to agreement on all the normal and relevant terms, including value for money aspects.
378. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if he will consider introducing a medal for bravery for members of the fire service for both the full-time and retained service similar to the Scott medal for members of An Garda Síochána; and if he will make a statement on the matter. [52667/21]
Amharc ar fhreagraPersons from all strands of society, including staff of local authority fire services, are eligible to be nominated for an award under the National Bravery Awards. Under this scheme, Deeds of Bravery Awards are given to people who have saved a human life involving personal risk to themselves.
Comhairle na Míre Gaile - the Council for the Recognition of Deeds of Bravery - is under the remit of the Minister for Justice and Equality, and it meets on an annual basis to consider and decide on the awards to be made. The scheme has been in operation since 1947, and awards are presented in four categories – gold, silver, bronze and a certificate of recognition. Further information relating to the Bravery Awards may be found at: www.bravery.ie. I understand that a number of members of the fire service from all over the country have been recognised under the Scheme for courageous acts.
I wish to take this opportunity to place on record my appreciation of the vital contribution made to our society by the men and women of the local authority fire services. Fire services place a huge emphasis on safety of their staff and are they trained to operate as teams, to evaluate each emergency situation and plan interventions in accordance with Standard Operational Guidance, to undertake appropriate risk assessments. Working under the direction of the Incident Commander, their focus is to ensure the safety and welfare of the public they serve, as well as their colleagues and themselves. Given the fire service's focus on teamwork, risk assessment and the structured approach to their work, I have no current plans to introduce a separate bravery awards scheme for individual members of local authority fire services staff; however, I am open to hearing the views of fire service representatives on the matter.
In 1992, a scheme of recognition of long service for personnel in the local authority fire services was launched. There are four categories of awards, marking service of ten years, twenty years, thirty years and forty years. The ten-year award is a certificate presented locally, while the twenty, thirty and forty year awards all involve the presentation of medals and certificates at a national ceremony. The twenty-year award is a medal bearing the traditional logo representation of the fire service - a helmet and crossed axes. The thirty-year award is a flame emblem. The forty-year award is a bar; both the emblem and bar attach onto the medal ribbon.
The first national awards presentation was organised in 1998 and is now held every two years at a national presentation ceremony. The latest of these ceremonies was held in November 2018, at which 288 fire service personnel were eligible for awards. Unfortunately, due to COVID, ongoing efforts to prevent the spread of infection and the need to protect the health of firefighters, these national ceremonies will be replaced by small local presentations until it is safe for us to gather in large groups again.
379. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to issues regarding recruitment and retention within the retained fire service; his plans to carry out a review of the retained fire service; and if he will make a statement on the matter. [52668/21]
Amharc ar fhreagra380. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of fire fighters in each fire authority in addition to the full establishment figures. [52669/21]
Amharc ar fhreagra381. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the number of fire fighters for each fire station in County Wicklow in addition to the full establishment figures. [52670/21]
Amharc ar fhreagraI propose to take Questions Nos. 379 to 381, inclusive, together.
The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Services Acts 1981 and 2003. My Department supports fire authorities through setting general policy and national standards, providing a central training programme and issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects. Fire services issues are managed in my Department by the National Directorate for Fire and Emergency Management (NDFEM).
Fire services are provided in Ireland by local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, there are 31 fire authorities which provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations being staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.
The prioritisation of work and effective management of all resources is, in the first instance, a matter for the fire authority, based on its assessment of risk, needs and resources. In relation to the staffing requirements in each local authority, under the Local Government Act 2001, it is the responsibility of each Chief Executive to employ such staff and to make such staffing, funding, recruitment and organisational arrangements as may be deemed necessary for the purposes of carrying out the functions of their local authority.
In 2013, my Department published 'Keeping Communities Safe (KCS) - A Framework for Fire Safety in Ireland'. The adoption of KCS as national policy saw national norms/ standards being established for fire services in Ireland for the first time, against which local authority fire services could benchmark themselves. The report of the Fire Service Validation Group, ' Fire Services in Ireland, Local Delivery - National Consistency', published in 2016, noted the staffing arrangements in place in fire services across Ireland to achieve these standards and that fire services manage staffing levels in fire stations to achieve the national standards of fire service response.
The provision of fire services by local authorities is based on a risk management approach which involves an analysis of the nature of the fire hazards and the incidence and extent of fires which occur, as well as the fire protection measures in place. There has been a welcome downward trend in the incidence of fire, with the fire fatality rate per million of population, using a three year average, currently at 4.3 deaths per million of population. While each death is one too many, this figure is a third of what it was twenty years ago when it stood at 12.9 deaths per million of population and positions Ireland among countries with very low fire fatality rates.
Local Authority fire services in Ireland are staffed by over three thousand professional, competent and highly committed personnel in the full-time and retained fire services. Local authorities, as the funders and the employers of fire service personnel, have demonstrated their commitment to their fire services over the past number of years. The number of frontline fire service staff have been maintained at a consistent high level throughout the economic challenges of the past number of years, even at a time when staffing numbers were of necessity reduced in other areas of the local authorities.
In relation to issues regarding recruitment and retention within the retained fire service; the Management Board of the National Directorate for Fire and Emergency Management has approved a proposal for undertaking a review of the model of local authority ‘retained’ fire services delivery, with particular emphasis on the recruitment and retention of staff. The objective is to explore and understand the issues which are impacting on service delivery, to undertake research and analysis and to propose options which will underpin the continuing provision of effective and inclusive local authority fire services into the future.
While my Department does not routinely collect the data in the format requested by the Deputy, a breakdown of the number of firefighters in each fire service as of October 2021, based on data supplied by local authorities, is set out in the table below. Information in relation to staffing in individual fire stations is not available at this time.
|
Fire service |
Total no. of operational staff in stations |
|
Carlow |
45 |
|
Cavan |
93 |
|
Clare |
76 |
|
Cork City |
152 |
|
Cork County |
204 |
|
Donegal |
154 |
|
Dublin |
963 |
|
Galway |
154 |
|
Kerry |
104 |
|
Kildare |
63 |
|
Kilkenny |
65 |
|
Laois |
66 |
|
Leitrim |
42 |
|
Limerick |
140 |
|
Longford |
44 |
|
Louth |
100 |
|
Mayo |
119 |
|
Meath |
72 |
|
Monaghan |
51 |
|
Offaly |
52 |
|
Roscommon |
45 |
|
Sligo |
47 |
|
Tipperary |
127 |
|
Waterford |
124 |
|
Westmeath |
46 |
|
Wexford |
63 |
|
Wicklow |
94 |
|
3305 |
382. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage if local authorities and approved housing bodies providing homeless services including accommodation in family hubs will ensure that their employees working in these facilities are vetted by An Garda Síochána; and if he will make a statement on the matter. [52675/21]
Amharc ar fhreagraMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at a local level.
My Department does not provide homeless accommodation services directly but contributes to overall expenditure incurred by housing authorities in the provision of homeless accommodation and related services. Exchequer funding provided by my Department is governed by a protocol agreement between the Department and the lead authority in each region. This protocol sets out the funding arrangements and structures to ensure adherence with statutory and public financial procedures. The protocol agreement requires that local authorities and their service delivery partners, including voluntary NGOs and private operators, comply with all statutory codes including the Safety, Health and Welfare at Work Act 2005, the Fire Services Acts and the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016.
In respect of Garda Vetting, the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 sets out the legal requirements for Garda vetting and the parameters for same. While many of the NGOs working within the homeless sector have members of staff and volunteers that are vetted under the Act, homeless services are not currently specifically identified in the relevant legislation whereby vetting is mandatory. My Department is actively engaging with the Garda National Vetting Bureau and the Department of Justice in this regard with the objective of ensuring that where it is needed, Garda vetting is made available under the Act.
My Department recently hosted a Workshop between the Garda National Vetting Bureau and local authorities. The Workshop allowed for engagement in terms of the practical operation of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 as it relates to services provided to homeless persons, and in particular the role of local authorities. My Department intends to follow up to arrange further training events between the Garda National Vetting Bureau and local authorities to ensure that Garda vetting is undertaken where it is required.
383. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if there are principles or noise thresholds which guide the planning process in setting noise abatement measures, restriction on working hours and so on; and the way these are evolved or modified. [52678/21]
Amharc ar fhreagraOverall responsibility for noise regulation lies with my colleague, the Minister for Environment, Climate and Communications.
Although no universal statutory noise standards apply in Ireland, local authorities may specify particular noise standards as part of a notice served under Section 107 of the Environmental Protection Agency Act 1992. Any standards set will depend on the specific noise source and will generally have regard to relevant international guidance and standards.
The Environmental Protection Agency (EPA) is the national authority for overseeing the implementation of the Environmental Noise Regulations (The European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549/2018)).
In its Environmental Noise Guidelines, the World Health Organisation (WHO) sets out how noise pollution in European towns and cities is increasing. The main purpose of the WHO guidelines is to provide recommendations for protecting human health from exposure to environmental noise originating from various sources.
The implementation of the WHO guidelines is currently being negotiated at EU level. The development of any future National Noise policy in Ireland will be influenced by the outcome of this process. The Department of Environment, Climate Action and Communications will be the lead authority for this policy area.
Section 34(4)(h) of the Planning and Development Act 2000, provides for the attaching of conditions to planning permissions by planning authorities “for determining the sequencing and timing in which, and the time at which, development works shall be carried out”. Further to this, conditions regulating construction working hours are generally attached to planning permissions for development. Within the conditions attached to a planning permission, these may be include provision for derogation and local agreement regarding construction conditions, to allow for the undertaking of particular activities outside "normal" operating hours (e.g. a continuous pour of concrete on a large site). Conditions on operating hours are a matter for individual planning authorities to determine on a case by case basis.
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 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. 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.
Planning Circular Letter PL 06-2020, which was issued by my Department on 16 May 2020, requested planning authorities - having regard to the exceptional circumstances of the public health emergency and as certain activities, including the construction sector, were allowed to resume activity further to the initial Covid-19 lockdown in 2020 – to exercise an appropriate level of discretion in respect of the enforcement of construction working hours conditions attached to housing related planning permissions with a view to assisting the sector to compensate for lost productivity and output during the initial lockdown period. This discretionary approach – which was an exceptional time-limited arrangement - was to be applied on a case-by-case basis by planning authorities, having regard to individual local circumstances including factors such as:
- the nature, scale, extent and location of the construction site i.e. rural/urban, small-scale/major development, single/multistorey etc;
- in particular, the proximity of the construction site to occupied homes and other types of premises or land uses that may be potentially sensitive receptors in the area concerned i.e. number, distance and type;
- the likelihood of noise, dust or other emissions, traffic and local parking impacts, and any proposed ameliorative measures, including management/monitoring;
- cumulative impacts i.e. where there is more than one site in close proximity, particularly in urban areas;
- the proposed hours of construction beyond those conditioned and their frequency and duration;
- the adequacy of site construction, management procedures, including any community liaison plan;
- any other relevant factors, including stage of construction (external & internal works etc).
My Department issued a further Circular Letter (PL 05-2021) to local authorities on 12 April 2021 in relation to the recommencement of residential construction projects allowed as part of the initial easing of the Covid Level 5 restrictions following the lockdown in the early part of the current year, subject to compliance with public health guidelines and protocols. This reiterated the message of the previous Circular in relation to the temporary extension of working hours conditions attached to planning permissions, and was time-limited to 25 September 2021.
384. Deputy Michael Moynihan asked the Minister for Housing, Local Government and Heritage if the income limits for social housing applicants will be increased; and if he will make a statement on the matter. [52687/21]
Amharc ar fhreagraApplications 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.
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. I intend that the review will be completed this year.
385. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage his views on discrepancies between the Land Registry maps and the TMI technology which digitised them with particular reference to providing the protocol of digitalisation practices that was implemented in this period; the persons or body that wrote same; if it was peer reviewed; if contemporary records are kept; if this information will be made available to the public; and if he will make a statement on the matter. [52786/21]
Amharc ar fhreagraI am informed by the Property Registration Authority (PRA) that under its Digital Mapping Project (2005-2010), the Land Registry plans and boundaries were transferred from the paper maps to the digital map. This digitisation, carried out in accordance with the guidelines set out in the PRA Digitisation Protocol Document, involved moving away from an increasingly deteriorating paper map system to providing access to accurate and consistent digital mapping, thereby resulting in a more dynamic and flexible organisation that was better placed to fulfil its strategic business objectives. Prior to its commencement, the PRA Digital Mapping Project was validated by eminent International mapping/land administration experts and shown to be fit for purpose.
The registration mapping framework maintained by the PRA has been underpinned by its link to Ordnance Survey Ireland (OSi) topographical data since the establishment of the Land Registry in 1892. The OSi base map did not, in any way, contribute to digitisation issues.
It should be noted that the Digital Mapping Project was much more than just a matter of transferring the registered land parcels from a paper map record to a digital map record. Some of the factors that contributed to the complexity of the challenges associated with the project were:
- moving all registrations from the now defunct County Series and Irish Grid map projections to the latest Irish Transverse Mercator map projection;
- that development schemes mapped on the PRA paper-based record were found to be at variance with the more accurate 'as built' layout presented by OSi;
- the transferring registrations, from Western seaboard counties, which were, up until the Digital Mapping Project, predominantly mapped on 1/10560 or 6” OSi mapping, had not benefited from any revisions for decades;
- deciphering map data on old Land Registry paper maps, some of which were 100 years old; and
- deciphering map data on badly damaged Land Registry paper maps.
The Digitisation Protocol was written by the PRA and underwent a robust governance process, extensive engagement with key stakeholders and customers and supported by OSi. The protocol is available on the PRA’s website at the following link: www.prai.ie/digitisation-protocol/
386. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if a land folio is guaranteed by the State; the assurances in this regard; and if he will make a statement on the matter. [52787/21]
Amharc ar fhreagraFor Land Registry Folios, the protection afforded to purchasers that is commonly referred to as a State guarantee is produced by the combined effect of several legislative provisions in the Registration of Title Act 1964, that is:
- Section 32, as amended by the Land and Conveyancing Law Reform Act 2009, dealing with errors in registration;
- Sections 52, 55 and 62(6) covering the effect of registration of purchasers; and
- Section 120 governing the payment of compensation.
The register is conclusive evidence that the person named is the owner as stated. However, there are a number of qualifications to the conclusiveness of the register, some of which are:
- It is not evidence that the owner is beneficially entitled to use and enjoyment of the land or that no burdens affect the land, except those registered (per Section 72 of the Registration of Title Act 1964, as amended).
- The Land Registry map, which is an index rather than part of the register, is not conclusive as to boundaries or extent, except as provided in the 1964 Act.
- Registration with possessory, qualified or good leasehold titles are not conclusive as to thetitle prior to registration.
- A person who acquires registered property under a voluntary disposition takes the property subject to all unregistered rights, including unregistered rights not protected by inhibition or caution.
388. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage when the proposed wind energy development guidelines will be published; and if he will make a statement on the matter. [52800/21]
Amharc ar fhreagraMy Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines in line with the “preferred draft approach” which was announced in June 2017 by the then Minister for Housing, Planning and Local Government, in conjunction with the then Minister for Communications, Climate Action and Environment. The review is addressing a number of key aspects including sound or noise, visual amenity setback distances, shadow flicker, community obligation, community dividend and grid connections.
As part of the overall review process, a strategic environmental assessment (SEA) is being undertaken on the revised Guidelines before they come into effect, in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as the SEA Directive. SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.
As part of the SEA process, the previous Minister launched a ten-week public consultation on the draft revised Wind Energy Development Guidelines on 12 December 2019. The documents prepared for consultation are available on my Department's website at the following link: www.gov.ie/en/consultation/8f3c71-public-consultation-on-the-revised-wind-energy-development-guideline/
The consultation closed on 19 February 2020. Almost 500 submissions were received as part of the public consultation, many of which are quite detailed and technical in nature. My Department and the Department of the Environment, Climate and Communications (DECC) have analysed the submissions received in conjunction with the contracted SEA and noise consultants, and are in the process of preparing finalised guidelines having undertaken detailed consideration and analysis of the submissions received.
My Department is currently finalising the technical guidance on the noise aspect in conjunction with DECC (which has primary responsibility for environmental noise matters). However, this piece of work is quite technical in nature and a small number of matters remain to be resolved in this regard. My Department, in consultation with DECC, is endeavouring to finalise work as quickly as possible.
Once the outstanding issues have been finalised by both Departments, the proposed amendments will need to be reviewed by the SEA consultants in order to conclude the SEA process.
When finalised, the revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended. Planning authorities and, where applicable, An Bord Pleanála, must have regard to guidelines issued under section 28 in the performance of their functions generally under the Planning Acts. In the meantime, the current 2006 Wind Energy Development Guidelines remain in force.
389. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the schemes or funding streams that are available to communities that wish to engage in small scale tree planting. [52808/21]
Amharc ar fhreagraIn 2021, my Department has made funding available in the amount of €250,000 for Community Foundation Ireland's (CFI) Environment and Nature Fund (www.communityfoundation.ie/grants/types-of-grants/environment-and-nature-fund). The Community Foundation provides grants for not-for-profit and voluntary groups working in communities throughout Ireland. The closing date for the current round of grant applications is 12 November 2021.
The CFI grants are currently focused on drafting community biodiversity plans, identifying measures and actions that will enhance biodiversity in local areas. It is envisaged that implementation of selected measures will happen in the coming year and this may include tree planting, if appropriate.
390. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the way his Department is meeting the Recommendation CM/Rec(2018)4 of the Committee of Ministers to Member States on the participation of citizens in local public life. [52809/21]
Amharc ar fhreagraThe Recommendation CM/Rec(2018)4 of the Committee of Ministers to Member States on the participation of citizens in local public life recommends steps and measures that impact on a range of government departments.
With regard to measures falling to the Department of Housing, Local Government and Heritage, my Department is fully focused on the measures outlined in the Programme for Government – Our shared future in relation to reforming and re-imagining our public life, and meaningful Local Government reform.
There are already a wide range of forums that facilitate engagement between local authorities, citizens and other stakeholders, including Public Participation Networks (PPNs), Strategic Policy Committees (SPCs) and Local Community Development Committees (LCDCs), as well as direct consultations on specific policy initiatives.
As part of the preparations for the 2024 local elections, my Department has updated the incentive scheme first launched in 2019 for political parties to maximise the participation of women and diversity in local government.
Since 2019, local authority initiatives have received funding for proposals building general awareness of local government and participation in local decision-making structures, particularly among women, minority and diverse communities.
Initiatives like the establishment of Women’s Councillor Caucuses at local authority and regional level, and tool-kits for both family friendly and inclusive local authorities and for political parties to address hostility on social media platforms are all in development with my Department’s funding and support.
At its meeting of 18 May 2021, the Government approved a significant reform of the remuneration of local authority elected members. It also noted the work of local government stakeholders in agreeing an Action Plan to implement a range of non-pay related reforms, including issues such as maternity leave, administrative supports and professional development for Councillors. These reforms, taken together with the pay reforms approved, will make the role of Councillor more sustainable and manageable, facilitating a cohort of members representative and fully reflective of the diverse communities they are elected to represent.
A new and innovative governance model in the form of a directly elected mayor who will be chosen directly by the people of Limerick is at an advanced stage.
With regard to the Committee of Ministers’ recommendations on voting matters, statutory electoral codes are in place in Ireland for all elections, including local elections, and these codes are kept under regular review. A number of the recommendations are already addressed in electoral law, including for example the provision of special voting arrangements for those in hospital, nursing homes and similar institutions, for those in prison as well as the provision of postal voting for certain categories of voters. In addition, the Local Government Act 2001 prohibits TDs, Senators and representatives in the European Parliament from also holding local authority membership.
The Programme for Government – Our Shared Future also sets out an ambitious programme of electoral reform including a commitment to establish an independent, statutory Electoral Commission. It contains specific commitments to examine the use of postal voting, with a view to expanding its provision; to examine the Scottish experience of reducing the voting age to 17, in order to draw conclusions; to examine replacing bye-elections with an alternate list system; and to modernise the electoral registration process.
It is intended that one of the Electoral Commission's initial functions will be to conduct research on electoral policies and procedures with a view to providing advice to the Oireachtas and to the Minister for Housing, Local Government and Heritage as may be required from time to time. Following its establishment, the Electoral Commission will be well placed, if requested, to examine, among other matters, the use of postal voting; the examination of an alternate list system and the prospect of reducing the age at which a person would be entitled to vote at elections and referendums. The Commission will also have a public awareness and education role in respect of electoral events.
In December 2020, the Government approved the General Scheme of an Electoral Reform Bill, which, inter alia, provides for the establishment of the proposed Electoral Commission and to modernise the electoral registration process. The General Scheme was published in January 2021 and is available on my Department's website at the following link www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020/. The Joint Oireachtas Committee on Housing, Local Government and Heritage completed pre-legislative consideration of the General Scheme in August and the committee’s report is available from the Oireachtas website at www.oireachtas.ie/en/committees/33/housing-local-government-and-heritage/
My Department is continuing to work with the Attorney General's Office on the drafting of the Electoral Reform Bill and good progress is being made in this regard.
392. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage the co-funding arrangements with the EU Commission that apply to the Prioritised Action Framework 2021-2027 (details supplied); if the survey of urban gulls listed in the framework is included in the co-funding arrangement; and if so, the portion of the cost that is or will be covered by the EU fund. [52896/21]
Amharc ar fhreagraArticle 8.2 of the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora), requires the European Commission, in agreement with Member States, to assess the financing, including the co-financing, required to maintain or restore protected habitats and species which are to be reflected in Prioritised Action Frameworks (PAFs) for each Member State, and which in turn are to have regard to the available sources of funding under relevant EU funding instruments.
The Prioritised Action Framework is a strategic multiannual planning tool, aimed at providing a comprehensive overview of the prioritised measures that are needed to manage the EU-wide Natura 2000 network (which comprises Special Areas of Conservation and Special Protection Areas) and its associated green infrastructure.
The Government approved Ireland’s latest Prioritised Action Framework (2021-2027) at the beginning of 2021, and it was then sent to the Commission for adoption.
This PAF identifies the financing needs for prioritised measures for the period 2021-2027, and links them to the relevant EU funding programmes. The estimated costs in the Prioritised Action Framework for Ireland are not commitments to funding, rather they are indications of the level of investment required to manage and restore habitats and species in the Natura 2000 network to the status required under the Habitats and Birds Directives.
The Framework identifies potential funding instruments but does not make any determination as to what particular source might be used. It is therefore a strategic planning document and not a commitment to expenditure or funding.
A targeted survey of urban gulls is listed in the Prioritised Action Framework for Ireland (2021-2027). An urban gull survey was commissioned by the National Parks and Wildlife Service in 2021. It was entirely funded through the national exchequer.
393. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if the Chair of the Strategic Review of the National Parks and Wildlife Service that commenced in February 2021 (details supplied) submitted their report; if it has been agreed; and if so, if he will provide a copy of the report. [52897/21]
Amharc ar fhreagraI refer to the reply to Question No. 468 of 19 October 2021. The National Parks and Wildlife Service (NPWS) paper referred to is currently at drafting stage following the extensive research, consultation and orientation work. It is hoped that the final paper, which is being prepared by the Independent Chair, Prof Jane Stout of Trinity College Dublin, will be completed before the end of the year.
Once the final paper is received the next phases of the review process will commence in turn. Firstly, the Reflect Phase as I and my Department consider the outcomes of this work and then synthesizes the resourcing gains of the past 18 months with a detailed, expert analysis of governance, organisational structures, communications, data systems and future resourcing, and outline the NPWS’ specific requirements across those areas. The final, Renew Phase will detail the objectives and prioritised actions required to equip the NPWS to continue to deliver on the ambitious goals, objectives and targets emerging from our Programme for Government – Our Shared Future , the post-2020 Global Biodiversity Framework, the EU Biodiversity Strategy to 2030, Heritage Ireland 2030 and the new National Biodiversity Action Plan.
