Written Answers Nos. 333-352
333. Deputy Barry Cowen asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the policy instructions or documents that she has brought to the attention of An Bord Pleanála since coming to office [11608/22]
Amharc ar fhreagraI am advised that my Department has not brought any policy instructions or policy documents as outlined in this Parliamentary Question, to the attention of An Bord Pleanála since I came into office.
As the Deputy will be aware, planning matters in relation to Heritage issues were transferred to the Department of Housing, Local Government and Heritage in 2021.
334. Deputy Paul Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her attention has been drawn to the demonstration (details supplied) to demand that the contract between The National Gallery and a company (details supplied) be revoked; his views on the demand; and if she will make a statement on the matter. [11610/22]
Amharc ar fhreagraI am aware of the position in relation to the recently awarded contract for café and catering at the National Gallery of Ireland (NGI). The contract arrangements for café and catering services are an operational matter for the National Gallery of Ireland.
336. Deputy Niall Collins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her Department has a policy on glamping; if so, if she will provide details of same and if she will make a statement on the matter. [11726/22]
Amharc ar fhreagraWhile my Department has no specific policy in relation to specific accommodation types in the tourism sector, Fáilte Ireland operates the National Quality Assurance Framework which aims to provide consumers with easily identifiable and understood symbols and standards of service of accommodation and to ensure that those standards meet consumer expectations.
Glamping accommodation can choose to apply for approval with Fáilte Ireland, under their Welcome Standard, and there are currently 17 glamping sites approved under the Welcome Standard. The emphasis of the Welcome Standard is on the fundamental components of the guest experience – service, hospitality, the quality of accommodation facilities, and food, if provided.
337. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the number of children in the State who are homeless. [11548/22]
Amharc ar fhreagraMy Department publishes a detailed monthly report on homelessness, based on data provided by housing authorities. The Report outlines details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. The Reports are available on my Department's website at the following link: www.gov.ie/en/collection/80ea8-homelessness-data/
The most recently published data is in respect of January 2022. There were 2,563 dependant children associated with families in emergency accommodation nationally during the January count week.
All homeless data from January 2019 to date are also published on the Department of Public Expenditure and Reform's open data portal at: data.gov.ie/.
338. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the engagement he has had with Irish Water and the Environmental Protection Agency since he assumed office in respect of the level of sewerage that is pumped into Dublin Bay; and the steps that can be taken to address this and to ensure adequate water quality for swimmers. [11672/22]
Amharc ar fhreagraPrimary responsibility for the monitoring, management, protection and improvement of water quality is assigned to local authorities under the Local Government (Water Pollution) Acts and related legislation.
Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local level, including investment in waste water treatment plants and returning waste water safely to the environment in an efficient and sustainable manner.
The EPA is the key statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of Irish Water and local authorities, of environmental legislation in Ireland, including compliance in relation to licensed urban waste water discharges.
In respect of the general protection of water quality in Dublin Bay, my officials are currently working with local authorities to examine the most suitable options to provide for safe bathing during the winter months, and to improve the provision of information on bathing water quality. The Dublin Bay Task Force, chaired by Dublin City Council, is carrying out work aimed at improving bathing water quality.
I along with Minister of State Noonan met with a number of stakeholders on Dublin Bay on 28 April 2021 and 23 June 2021. In addition, Minister of State Noonan also met with a group of Dublin Bay swimmers on 15 June 2021.
339. Deputy Jennifer Murnane O'Connor asked the Minister for Housing, Local Government and Heritage the status of the regeneration works at St. Patrick's Park Rathangan, County Kildare; and if he will make a statement on the matter. [10872/22]
Amharc ar fhreagraMy Department is supporting Kildare County Council who are advancing the refurbishment of St. Patrick's Park, Rathangan, including an element of additional, new build social housing. Full details on the advancement of the project are available directly from the Council. They have advised that Phase 1, which involves the refurbishment of 34 homes, was completed in October 2019 and that plans for the next phases have been developed following public consultation workshops with the residents.
Phases 2 and 3 recently received pre-planning funding approval from my Department and, I understand, will involve the demolition of 15 existing properties, construction of 7 new homes, refurbishment of 25 homes and a range of site and landscaping works. The Council has appointed a design team for these phases and intends to consult further with residents as the design is developed and hope to seek planning approval in mid-2022.
340. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage if the establishment of an offshore maritime area as Ireland's seventh national park as outlined in the programme for Government has been examined; and if he will make a statement on the matter. [10889/22]
Amharc ar fhreagraMy Department is currently leading on the work as committed to under the Programme for Government to realise the outstanding target of 10% marine protected area (MPA) coverage in Ireland's waters as soon as is practicable, aiming for 30% by 2030. This work is being led by my Department, in consultation with other Departments and Agencies, with maritime stakeholders and with the wider public.
In broad terms, MPAs are geographically identified areas where measures are put in place to conserve marine features such as species, habitats or other parts of the marine ecosystem for example. They can take a wide variety of forms, ranging from marine reserves, sanctuaries or designated parks for example, to areas in which the sustainable use of resources is permitted or where harmful human activities are restricted.
The process underpinning this work began in 2019 with the convening of an advisory group to provide independent expert advice and recommendations on expanding Ireland’s MPA network. This advice was published in January 2021. Informed by the expert advice and public consultation feedback my Department is now developing the necessary legislation for the identification, designation and management of MPAs. This work will continue throughout 2022 with the aim of publishing the heads of a bill in the autumn of this year. The issue of the establishment of an offshore maritime area as a national park can be considered once progress is made on the broader MPA objective.
341. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the number of instances in which Waterways Ireland has alerted the ESB to leaks of mineral oil and-or alkylbenzene from cables into the canal system in Dublin in the past five years to date in 2022; the locations of same on the canal system; the amount recovered from the ESB for the testing and cleaning up of leaks; and if Waterways Ireland has engaged in enforcement action and-or litigation against the ESB as a result of the leaks. [10904/22]
Amharc ar fhreagraWaterways Ireland has notified the ESB of two oil leaks, the first in January 2017 and the second in January 2022, both on the Grand Canal close to Blackhorse Bridge, Inchicore.
Since 2019, the ESB has initiated a ‘Cable Incident Response Protocol’ to notify Waterways Ireland regarding leaks from underground cables based on their own system for detecting leaks. The ESB engaged and paid for specialist environmental contractors to put measures in place to deal with incidents. Water quality testing is in-situ. The ESB continues to investigate the causes and keeps Waterways Ireland informed regarding these investigations.
Separately, an ‘Historic Cable Incident Response Protocol’ has also been initiated. This process is undertaking a risk assessment of historic instances of leakages along the Grand Canal. The work is ongoing and the ESB keeps Waterways Ireland informed regarding the progress of these investigations.
Waterways Ireland has not, to date, engaged in enforcement action and or litigation against the ESB as a result of recent or legacy leaks.
342. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the rules that are around rents charged by approved housing bodies and upward rent reviews; and if he will make a statement on the matter. [10943/22]
Amharc ar fhreagraThe Residential Tenancies (Amendment) Act 2015 amended section 3 of the Residential Tenancies Act 2004 so that dwellings let by Approved Housing Bodies (AHBs) to social housing tenants now come within the remit of the Act. The position of these tenants is significantly improved by the change, which commenced on 7 April 2016, as they now benefit from the following:
- Increased security of tenure;
- Access to Residential Tenancies Board (RTB) dispute resolution procedures, including free mediation; and
- Binding obligations on AHBs as landlords to, inter alia, register all tenancies, keep dwellings in good repair and allow peaceful occupation.
Three new sections which were also inserted into the 2004 Act by the Residential Tenancies (Amendment) Act 2015 provide for the setting of rents and rent reviews in AHB tenancies. They are:
- Section 19A provides for the setting of rent in AHB tenancies;
- Section 20A provides for reviews of rent in AHB tenancies; and
- Section 22A provides for the notification of a change in the amount of rent following a review under section 20A.
Section 78(1)(b) of the 2004 Act provides that a dispute may be referred to the Board regarding the amount that ought to be initially set (in compliance with section 19 or 19A) as the amount of rent under a tenancy. Section 78(1)(c) provides that a dispute may be referred as to the amount of rent that should be determined on foot of a review referred to in Part 3. These provisions mean that an AHB tenant may refer a dispute regarding the setting or review of rent to the RTB for resolution.
343. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage the index that will be used by an organisation (details supplied) to calculate the square footage rate for County Clare in the context of the proposed new defective concrete block scheme, given that the index currently being used in the scheme is based on values in the north west region; and if he will make a statement on the matter. [11002/22]
Amharc ar fhreagraMy Department received a submission from Clare County Council, dated 23 July 2021, requesting the extension of the Defective Concrete Blocks Grant scheme to County Clare. A response issued to the Council on 3 August 2021 indicating that my Department would review the submission and it also sought a detailed breakdown of costs associated with the Report. A breakdown of costs associated with the Report was received on 28 September 2021.
In order to progress matters a meeting was held on 9 November 2021 between officials from my Department and Clare County Council to review issues which required further elaboration in order to evidentially support an extension of the defective concrete blocks grant scheme to County Clare. My Department subsequently wrote to Clare County Council on the 6 December, 2021 outlining formally the nature of the clarifications required. Clare County Council undertook to review their submission and address the gaps in evidential data which had been identified by my Department.
My Department received a response with some clarifications from Clare County Council, dated 20 December 2021. It is accepted by Clare County Council in their correspondence of the 20 December that the causative link to actual damage arising from pyrite induced expansion has not been conclusively established in respect of the 5 homes tested to date.
On the 7 February 2022 officials from my Department met with officials from Clare County Council to progress matters. It was confirmed by Clare County Council that samples from five other properties are now being tested in accordance with the I.S. 465 protocol. If evidence of pyrite induced expansion is evident within the blockwork samples taken from these homes and the necessary causative link to the damage within the homes is established my Department should be in a position to recommend to Government that an extension of the scheme to Clare would be legislated for.
The extension of the scheme to other local authority areas was considered as part of wider deliberations on the Scheme by Government. I, as Minister for Housing, Local Government and Heritage, may, with Government approval, extend the scheme beyond the counties of Donegal and Mayo to additional counties, where the evidence supports such an extension.
344. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if the changes that he made to the tenant incremental purchase scheme include allowing cash purchases, treating State pensions as income for the purposes of an income assessment 50% from earned income rule; and if the revised scheme has rules with respect to occupation [11009/22]
Amharc ar fhreagraThe Tenant Purchase Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the scheme.
Among other things, eligible tenants must meet a minimum income requirement to qualify under the scheme. This requirement has a dual purpose. It ensures the scheme is sustainable, and the tenant purchasing the house has the financial means to maintain and insure the property for the duration of the charged period. Subject to meeting this requirement, monies for the purchase of a house may come from several sources, including savings, a mortgage provided by a financial institution, or a local authority house purchase loan.
The scheme was reviewed in 2021 in line with Programme for Government and Housing for All commitments. The Government approved a number of amendments on foot of the review and these came into effect on 1st February 2022.
The amendments include a reduction in the minimum reckonable income required to be eligible under the scheme from €15,000 to €12,500. This means older tenants, whose only income might be the contributory or non-contributory State pension, will be eligible to buy their homes if they have the financial means to do so. The time an applicant is required to be in receipt of social housing supports to be able to apply under the scheme has also been revised. This has been increased from one to ten years.
Further changes to the scheme are currently being examined as part of the work on the broader social housing reform agenda.
345. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage when a review of constituency boundaries for the local and general elections will commence following the conclusion of the 2022 census; and if he will make a statement on the matter. [11066/22]
Amharc ar fhreagraArticle 16 of the Constitution sets out clearly and distinctly the overarching requirements that apply to the membership of Dáil Éireann. In addition, and complementary to the constitutional provisions of Article 16.2 in particular, Part II of the Electoral Act 1997 (as amended) provides for a constituency review following each Census of Population and establishes, among other things, the terms of reference of a Constituency Commission.
In very broad terms, the publication of preliminary census results triggers the establishment of a Constituency Commission under section 5(1) of the Electoral Act 1997 with the Commission required, under section 9(1) of that Act, to present its report on Dáil and European Parliament constituencies to the chairman of the Dáil within three months of publication of final census results. The timing for the publication of both preliminary census results and final census results are matters for the Central Statistics Office but typically have taken place within approximately 3 months and 12 months respectively of the holding of the census.
Notwithstanding the above, in January 2021, Minister O'Brien and I published the General Scheme of the Electoral Reform Bill. The general scheme addresses a number of commitments in the Programme for Government - Our Shared Future including the commitment to establish a statutory Electoral Commission. The general scheme has been published on my Department's website at www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020/. The Bill is included on the list of priority legislation in the Government's current legislation programme and I expect that it will be published and will commence its progress through the Oireachtas shortly.
The Electoral Commission will be independent of Government and will report directly to the Oireachtas. Following its establishment, it will, among other matters, take on several existing statutory electoral functions from the outset, including the work currently undertaken by constituency commissions and local electoral area boundary committees.
In September 2020, the Government, on the advice of the Central Statistics Office, decided to postpone the 2021 Census due to the Covid-19 pandemic. The next census is now due to take place on 3 April 2022. The next review of Dáil and European Parliament constituencies will commence following the publication of preliminary census results, will be undertaken in compliance with our constitutional requirements and will be completed in accordance with the statutory timeframe.
Unlike the position for Dáil and European Parliament constituencies, there is no constitutional or legislative requirement for the revision of local electoral areas.
Section 23 of the Local Government Act 2001 empowers the Minister for Housing, Local Government and Heritage to divide a local authority area into local electoral areas and to amend those areas. However, in advance of deciding to make an order under section 23 of the Act, the Minister must, in accordance Part V of the Local Government Act 1991 (as amended), request a boundary committee to make a report having regard to such matters as may be specified by the Minister.
The Minister must publish the report of the boundary committee and must have regard to the report of that committee when deciding to make an order in relation to any amendment to local electoral area boundaries.
At this point in time, no decision has been taken in relation to a review of local electoral area boundaries in advance of the next local elections in 2024.
346. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage the progress made on the equality objectives of his Department specifically in relation to women. [11077/22]
Amharc ar fhreagraMy Department prides itself on being an equal opportunity employer. At the end of January 2022 50.83% of the workforce was male while 49.17% were female. Action 8.5 of the Civil Service Renewal Plan makes a commitment “to improve gender balance at each level by reviewing supports and policies to ensure these are impactful and measurable”. My Department fully supports this commitment.
My Department has proactively managed its gender balance particularly at senior management level where at Assistant Principal (AP) and Principal Officer (PO) levels there was a relatively low representation of females in the past. At the most senior level of my Department 50% of Assistant Secretaries and equivalents are female. However, in January 2021 only 28% of POs and equivalents and 44% of AP and equivalents were female. Following a concerted focus on encouraging greater numbers of women to apply for senior roles in my Department, these levels have improved over the past year and at the end of January 2022 of 42% of POs and equivalent were female and 47% of AP and equivalents were female. My Department is very encouraged by this growth in female participation in these two grades and will continue to monitor gender equality across all grades.
A gender action plan has been developed by the Department of Public Expenditure and Reform and the Department is committed to advancing the actions set down in the plan, and has developed its own departmental action plan. My Department has also established a senior working group who are looking at ways to improve female participation rate at a senior level. My Department actively supports family friendly initiatives such as flexible working hours, shorter working year and work sharing across all the grades where appropriate. A diversity policy will also be developed in 2022 which will include gender equality measures.
347. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the current rules on the spending of development contributions; if restrictions remain in the context of general Government debt; if he will outline these; the current totals in tabular from, by local authority; and if he will make a statement on the matter. [11172/22]
Amharc ar fhreagraMy Department is responsible for monitoring the local government sector’s overall compliance with fiscal rules set out as part of the management of the Stability and Growth Pact. These include the contribution of the local government sector to the General Government Balance (GGB) and controls exercised under the Expenditure Benchmark requirements. The key factors that must be controlled by local authorities in relation to GGB requirements are as follows:
- Revenue account balanced- no deficit
- Capital account (excl Agency debtors type expenditure and non-mortgage borrowing) balanced
- Net increase in non–mortgage borrowing limited to levels sanctioned.
- Net bank position limited to previous years level.
Local authorities have been directed that, similar to their revenue account activity, capital expenditure should not exceed capital income within the reporting year. Development contributions are recorded in the capital account of local authorities. The precise manner in which capital and current accounts are managed in order to achieve the overall balance necessary is a matter for individual local authorities themselves.
However, within these overall limits, there is capacity for the expenditure of built up capital balances and own resources, or expenditure supported by borrowing, which must be sanctioned by the Minister with policy responsibility for the specific programme involved. Development contributions are raised under local authority contribution schemes in order to fund the cost of infrastructure to facilitate certain developments. These are linked to planning permissions and collected from developers as building work commences.
In reviewing requests for sanction, consideration is given to ensuring that priority infrastructural investment can proceed, that contractual commitments and on-going projects can proceed; and that development contributions already collected and aligned to specific capital projects can be utilised efficiently.
Development contributions account for 7% or €205.5m of capital income in 2020. Development contribution income per local authority for 2020 is set out below.
|
County Councils |
2020 Development Contributions |
|
Carlow County Council |
€783,741 |
|
Cavan County Council |
€1,079,656 |
|
Clare County Council |
€2,235,097 |
|
Cork City Council |
€3,434,896 |
|
Cork County Council |
€8,046,097 |
|
Donegal County Council |
€1,756,759 |
|
Dublin City Council |
€31,509,969 |
|
Dún Laoghaire-Rathdown County Council |
€31,708,243 |
|
Fingal County Council |
€38,205,155 |
|
Galway City Council |
€808,216 |
|
Galway County Council |
€1,705,046 |
|
Kerry County Council |
€3,546,728 |
|
Kildare County Council |
€19,777,999 |
|
Kilkenny County Council |
€2,597,373 |
|
Laois County Council |
€953,785 |
|
Leitrim County Council |
€161,258 |
|
Limerick City and County Council |
€2,894,933 |
|
Longford County Council |
€547,356 |
|
Louth County Council |
€1,300,630 |
|
Mayo County Council |
€1,436,900 |
|
Meath County Council |
€7,522,746 |
|
Monaghan County Council |
€1,025,968 |
|
Offaly County Council |
€1,979,540 |
|
Roscommon County Council |
€845,177 |
|
Sligo County Council |
€506,316 |
|
South Dublin County Council |
€25,456,551 |
|
Tipperary County Council |
€1,965,681 |
|
Waterford City and County Council |
€2,451,523 |
|
Westmeath County Council |
€637,893 |
|
Wexford County Council |
€1,538,017 |
|
Wicklow County Council |
€7,144,288 |
|
Overall totals |
€205,563,537 |
348. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the public authority, Minister or Minister of State, who was the responsible competent authority for the conduct of determination in accordance with obligations under article 6(3) of the EU Habitats Directive, and the national regulations thereon, in respect of the proposed military exercises by the Russian Federation, which were originally proposed to be conducted in Ireland's exclusive economic zone given his Department's responsibility for the European Communities (Birds and Natural Habitats) Regulations SI. 477 of 2011, as amended; and if he will make a statement on the matter. [11183/22]
Amharc ar fhreagra349. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when he and-or the relevant Minister of State and his Department were each first notified of the proposed military exercises by the Russian Federation, which were originally proposed to be conducted in Ireland's exclusive economic zone; the Minister or Minister of State who was responsible for the screening determination under the European Union Habitats Directive (details supplied); if a screening determination was carried out to determine if a full appropriate assessment was required; if not, the reason; if so, the result of the screening determination; if a copy of the screening determination will be made available; if the information on which the determination was based will be made available to both Houses of the Oireachtas; if such European Union law requirements were communicated to the relevant authorities of the Russian Federation; if so, the date; if not, the reason; and if he will make a statement on the matter. [11184/22]
Amharc ar fhreagraI propose to take Questions Nos. 348 and 349 together.
In January 2022, I expressed my concern at the news of proposed military exercises in the deep seas within Ireland’s Exclusive Economic Area.
It is understood that underwater sounds such as active military sonar can have devastating consequences for cetaceans including some of our rarest marine mammal species, notably the deep-diving and rarely-seen Blue whale, Sperm whale and beaked whales. It can cause significant disruption to their hearing systems and normal behaviour, and may lead to permanent or even lethal injury. Accordingly, I wrote to both Minister Coveney and the Russian Ambassador to express these concerns.
Regulation 27 of the European Communities (Birds and Natural Habitats) Regulations 2011-2021 outlines public authority responsibilities and duties under the 2011 Regulations and states that public authorities shall exercise their functions in compliance with the Birds and Habitats Directives.
It creates a responsibility for compliance with the Directives that permeates throughout the public sector, rather than solely within the remit of the Department of Housing, Local Government and Heritage. Other public authorities that would have responsibility for activities in the Irish EEZ include the Naval Service (overseen by the Department of Defence) and the Sea-Fisheries Protection Authority; the identification of the appropriate competent authority would be contingent upon the location and type of activities proposed.
My Department did not receive notification of or applications relating to the issue outlined by the Deputy.
350. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the details of the means test for disability grants, including in cases in which there are multiple owners of the house in question but only one or two residents; and if he will make a statement on the matter. [11211/22]
Amharc ar fhreagraThe Housing Adaptation Grant for Older People and People with a Disability scheme household income is calculated based on the combined annual gross income in the previous tax year of both the owner of any property, together with that of his or her spouse and each member of the household in full-time occupation of the house where such a member is aged 18 years or more, or, where he or she is engaged in full-time third level education, is aged 23 years or more.
Certain income is disregarded in calculating household income, including €5,000 for each member of the household aged under 18 years old, and €5,000 if the applicant is being cared for by a family member on a full time basis. Certain Department of Social Protection payments are also not taken into account, such as Family Income Supplement, Domiciliary Care Allowance and Carer’s Benefit/Allowance.
A person living in a property they do not own can also avail of the scheme, based on their own income, where they are renting the property and a tenancy agreement is in place. Further details on the scheme can found on my Department's website at the following link:
www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/
The household income approach is intended to spread the benefits of the grant scheme as widely as possible and to ensure fairness and value for money in operation of the scheme towards those with the greatest needs.
351. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage the current status of the emergency management and fire and public safety Bill; and when it will move to the next stage. [11247/22]
Amharc ar fhreagraIt is my intention to bring forward a piece of legislation provisionally titled the Fire, Emergency Management and Public Safety Bill, whose primary purpose will be to update the Fire Services Acts, 1981 and 2003. Part of the impetus for this work arises from the review of fire safety in Ireland carried out in the aftermath of the Grenfell tragedy in the UK. It is also my intention that the Bill will place relevant elements of evolved emergency management practice at national and local level on a statutory footing and also revise the legislative approach to certain aspects of public safety in Ireland, with an initial focus on safety at funfairs.
A General Scheme of the Bill is being preparation within my Department. This has been informed by consultation with the relevant sectors likely to be impacted by its provisions. The shape of the Bill has been considered on a number of occasions by the Board of the National Directorate for Fire and Emergency Management (NDFEM). The Board is comprised of Chief Executive Officers from local authorities, the Chief Fire Officers Association (CFOA) as well as other Government Departments and supports the general approach being taken in the Bill. However, there is still a need for further consultation with both stakeholders and our other Government partners to ensure Bill brought forward is both comprehensive and robust.
The intention of the Bill is to support and strengthen the role of local authorities. The provision of fire services in local authority areas, including the establishment and maintenance of fire brigades, the assessment of fire cover needs and the provision of premises, is a statutory function of each individual fire authority. The work of local authority fire services has, to a large degree, been underpinned by the Fire Services Act 1981 and 2003 for nearly 40 years. While this legislation has served the country well, and key indicators such as fatalities from fire per million of population have been reduced consistently to the point where they are at their lowest for forty years, it is appropriate now to ensure that the underpinning legislation fully reflects the changes is society and the expanded and more dynamic roles that our local authority fire services have taken on in recent years. For that reason, the opinions of the local government sector have been sought as to the shape this legislation should take and preliminary opinion has also been received from the Local Government Management Association.
Like all legislation, this is a complex piece of work, which necessitates consideration of multifaceted issues that impact on a number of sectors. The current Fire Services Acts 1981 and 2003 have stood the test of time for nearly 40 years. I want to ensure that its replacement also stands the test of time and when my Department is satisfied that the legislation being brought forward is appropriate, balanced, complete and robust, a Memorandum will be brought to Government on the issue in due course, followed by publication of the Bill.
352. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if he will provide funding to local authorities to enable them to contribute to the non-water infrastructure of housing estates that are yet to be taken in charge; his views on whether local authorities should be able to partially take charge of housing estates that have developer-provided infrastructure in order to cater for their non-water related infrastructure; and if he will make a statement on the matter. [11258/22]
Amharc ar fhreagraFinancial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget. Section 103 of the Local Government Act, 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources. This includes the taking in charge of housing estates.
The taking in charge of housing estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended (the Act), and the procedures for this are initiated under section 11 of the Roads Act, 1993. In addition to financial decision making, the taking in charge of residential estates is also a reserved function of the elected members.
The intention of the relevant provisions in the Act is that once a residential estate is completed, the planning authority can be requested to take over the roads and footpaths, public lighting and open spaces. However, where work has not been completed to satisfactory standards, there can be a delay in this process as enforcement proceedings against concerned developers, including invocation of bonds, are progressed.
Subsection 2 of section 180 requires a planning authority, where requested by the majority of the owners of the dwellings involved, to take in charge a residential estate even if it has not been completed to the satisfaction of the authority, if four years have elapsed since the expiry of the planning permission and no enforcement action has been initiated.
Ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities, following the procedures set out in section 180 of the Act.
Under Section 30 of the Act, I, in my role as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
