Written Answers Nos. 68-87
68. Deputy Mairéad Farrell asked the Minister for Finance the measures that he will be taking to ensure that banks (details supplied) don’t raise funds again whilst they are under sanction; and if he will make a statement on the matter. [13522/22]
Amharc ar fhreagraIreland is robust in meeting its obligations, as an EU member, that arise for all EU members from these autonomous restrictive measures. Adopting strong sanctions packages which should have a strong deterrent effect and long lasting impact on the Russian economy. EU sanctions announced to date in response to the situation are already the most extensive ever, including in relation to disconnection of certain financial institutions from the SWIFT global payments network, the provision of investment services, the listing on EU trading venues and accounts held in EU Central Securities Depositories.
EU sanctions apply to all legal and natural persons in the State, therefore all legal and natural persons in the State are prohibited from makings funds available to an EU sanctioned entity or individual, this includes the Banks referenced in this PQ. Any legal or natural persons that makes funds or economic resources available to the sanctioned banks will be committing a criminal offence and may be subject to fines and/or imprisonment. In addition, any assets of the sanctioned individual and entity must be frozen by the credit or financial institution holding the assets. This freezing of assets is reported to the Central Bank.
The Central Bank, in its role as one of the three Competent Authorities in the State for sanctions, is undertaking actions, in conjunction with the other Competent Authorities, to ensure that legal and natural persons are aware of their obligations to comply with sanctions and to report any freezing of assets arising from these sanctions to the Central Bank.
The Central Bank of Ireland will publish details of new restrictive measures/sanctions that are adopted in this regard, as well as any associated EU/UN Guidance, on its website. While sanctions are applicable to all natural and legal persons, given the nature of the activities carried out by firms, the Central Bank has provided some additional guidance for credit and financial institutions/firms.
69. Deputy Mairéad Farrell asked the Minister for Finance his views on the fact that Ireland’s Register of Beneficial Ownership permits the use of legal trustees and nominee shareholders which adds a layer of opacity and disguises the ultimate beneficial owner in view of the risk of possible attempts to circumvent financial sanctions; if he will be taking steps to ensure that the register records the ultimate beneficial owner of companies; and if he will make a statement on the matter. [13523/22]
Amharc ar fhreagraThe Register of Beneficial Ownership was established by the European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019, Statutory Instrument 110 of 2019.
Regulation 20 of this Statutory Instrument requires relevant entities to file information on their beneficial ownership to the Register of Beneficial Ownership. Regulation 23 requires that information to be kept up to date while Regulation 28 provides for penalties in cases of failure to meet these obligations.
A ‘beneficial owner’ is defined by reference to the definition used in Article 3 (6) (a) of the 4th Anti-Money Laundering Directive, Directive (EU) 2015/849:
‘beneficial owner’ means any natural person(s) who ultimately owns or controls the customer and/or the natural person(s) on whose behalf a transaction or activity is being conducted and includes at least:
(a) in the case of corporate entities:
(i) the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Union law or subject to equivalent international standards which ensure adequate transparency of ownership information.
A shareholding of 25 % plus one share or an ownership interest of more than 25 % in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25 % plus one share or an ownership interest of more than 25 % in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership. This applies without prejudice to the right of Member States to decide that a lower percentage may be an indication of ownership or control. Control through other means may be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council ( 2 );
(ii) if, after having exhausted all possible means and provided there are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the natural person(s) who hold the position of senior managing official(s), the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;
From this definition, it is clear that the obligation on relevant entities is to identify the natural persons who ultimately own or control the entity in question and to then file to the Register the necessary information on those persons.
Accordingly, if trustees or shareholders are not the persons ultimately owning or controlling an entity, then they should not be identified as beneficial owners and filing information on them as such in those circumstances would be an offence under these regulations.
I would draw particular attention to Regulation 28 (5) which states that
(5) A person who, in purported compliance with Regulation 20, 21, 22 or 23, makes a statement that is false in a material particular, knowing it to be so false or being reckless as to whether it is so false, commits an offence and shall be liable -
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 12 months or both.
In relation to the possible risk of attempts to circumvent financial sanctions, it is important to note that all natural and legal persons in the State are obliged to comply with EU sanctions measures. Regulations issued at EU level have direct effect across the Union. A breach of such a sanction is a criminal offence.
Furthermore, Section 35 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, requires designated persons (e.g. financial institutions), as part of their customer due diligence procedures, to inspect the Register of Beneficial Ownership prior to the establishment of a business relationship with a company which is obliged to file to that Register, while Regulation 20 of SI 110/2019 requires designated persons to report to the Registrar any discrepancy they find between information that comes to their knowledge and the information in the Register of Beneficial Ownership.
While persons may attempt to obscure the true ownership of companies, it is clear from the above that the obligations which are already in place require the identification of those ultimately owning or controlling companies.
The effectiveness of these measures is something which is kept under review and officials of my Department liaise with the Register of Beneficial Ownership in this regard. Furthermore, the Financial Action Task Force (FATF) , which sets global standards in the area of anti-money laundering and combating the financing of terrorism, has recently completed a revision of its Recommendation on the beneficial ownership of legal persons. As a long-standing member of that body, we will be working to ensure that our framework is aligned with these revisions. We are also continuing to engage with the FATF's revision of its standards on the beneficial ownership of legal arrangements and will be working to ensure that any changes address emerging risks and any gaps identified in the EU framework in particular.
70. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform if he will provide a list of external reports commissioned in 2021; the cost of each; the external reports that were received by his Department in 2021; when such reports were or are expected to be published; and if he will make a statement on the matter. [13166/22]
Amharc ar fhreagraThe information requested by the Deputy is set out in the table below.
External reports commissioned in 2021
|
Title of Report |
Report received to-date |
Cost |
Publication Date |
|
Review of the Distribution and Utilisation of National Lottery Funding |
No |
€135,054 |
Quarter 2, 2022 |
|
Civil Service Business Customer Satisfaction Survey |
No |
€26,260 |
Quarter 2, 2022 |
|
Feedback workshops to inform the next phase of public service reform |
Yes |
€5,535 |
2022 – to be confirmed |
|
Moderators Report Complementarities December Workshop |
Yes |
€2,250 |
Report for internal use |
|
Moderators Report Complementarities April Workshop |
Yes |
€1,000 |
Report for internal use |
|
Review of the Environmental impacts of proposed flood relief works on the River Deel (Crossmolina) |
No |
To be confirmed |
Publication to follow a decision with regard to Section 7E (1) of the Arterial Drainage Act 1945 (as amended) |
71. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform if he will provide a list of all Departmental reviews, reports and studies that that were published in 2021; if he will provide a list of those that are currently ongoing; and if he will make a statement on the matter. [13167/22]
Amharc ar fhreagraThe information requested by the Deputy for my Department, including the Office of Government Procurement (OGP), is set out in the table below.
2021 reviews, reports and studies
|
Publication Date |
Title of Publication |
|
January 2021 |
Review of the Environmental Impacts of proposed flood relief works on the River Glashaboy (Glanmire/Sallybrook) |
|
March 2021 |
Civil Service Employee Assistance Service Report 2020 |
|
Public Service Spend and Tendering Analysis Report for 2018 (OGP) |
|
|
April 2021 |
DPER Culture Review and Next Steps |
|
Phase 1 Report: Review of the National Development Plan |
|
|
Review of the National Development Plan: Macro-Economic Analysis |
|
|
Assessing the alignment of the National Planning Framework and the National Development Plan |
|
|
Review of Public Private Partnerships |
|
|
Capital Expenditure Trends 2017-2020 |
|
|
NDP Review: Infrastructure Demand Analysis across Selected Sectors |
|
|
May 2021 |
Further Revised Estimates for Public Services 2021 (1) |
|
An Analysis of International Pension Reforms and Supportive Factors |
|
|
June 2021 |
Mid-Year Expenditure Report 2021 |
|
Further Revised Estimates for Public Services 2021 (2) |
|
|
Further Revised Estimates for Public Services 2021 (3) |
|
|
July 2021 |
Spending Review 2021 - Trends in Public Expenditure |
|
Challenges and Strategies for Reforming Publicly Funded Pension Systems |
|
|
An Assessment of Living Standards - Results from the 2019 Survey on Income and Living Conditions |
|
|
August 2021 |
An Analysis of the Distribution of Enterprise Supports |
|
The Impact of Covid-19 on State Supported Lending |
|
|
Exchequer Funding of General Practice 2018-2020 |
|
|
Evaluation of Industrial Relations Expertise in the Civil Service |
|
|
Social Impact Assessment 2021 - An Assessment of Living Standards: Results from the 2019 Survey on Income and Living Conditions |
|
|
Teacher Allocations: Developing a model for Mainstream Teacher Projections |
|
|
Review of the High-Tech Drugs Scheme |
|
|
October 2021 |
Budget 2022 The Use of Carbon Tax Funds 2022 |
|
Public Capital programme 2021-2030: Labour Intensity of Public Investment |
|
|
National Development Plan 2021-2030 |
|
|
Project Ireland 2040 Annual Report 2020 |
|
|
Project Ireland 2040 Regional Report 2020: Southern Region |
|
|
Project Ireland 2040 Regional Report 2020: Northern and Western Region |
|
|
Project Ireland 2040 Regional Report 2020: Eastern and Midland Region |
|
|
Supporting Excellence Action Team Report |
|
|
NDP Investment Impacts Case Studies |
|
|
Public Capital Programme 2021-2030: Labour Intensity of Public Investment |
|
|
Spending Review 2021: Non-Exchequer Funds under the aegis of DECC |
|
|
Supplementary Estimates for Public Services 2021 (1) |
|
|
Supplementary Estimates for Public Services 2021 (2) |
|
|
Supplementary Estimates for Public Services 2021 (3) |
|
|
Budget 2022 Expenditure Report |
|
|
The Budget in Brief - A Citizen’s Guide to Budget 2022 |
|
|
Non-Exchequer Funds under the Aegis of the Department of the Environment, Climate and Communications |
|
|
Costs associated with new entrant employees to the Civil Service |
|
|
Social Care for People with Disabilities: Trends in Expenditure and Delivery of Services |
|
|
Examination of State Funding to the Aviation Sector during the Covid-19 crisis |
|
|
Disability and Special Education Expenditure: Lifecycle of Supports |
|
|
An Overview of the Irish Housing Market and Policy |
|
|
Social Impact Assessment Series: Homeless Services |
|
|
Analysis of Social Housing Current Expenditure Programme |
|
|
Expanded Provision of Home Support and Total Costs of Long Term Care for Older Persons – A Scoping Review and Exploratory Analysis |
|
|
The Pandemic Unemployment Payment and the Employment Wage Subsidy Scheme: Trends and Interactions |
|
|
Progressing the Development of the Costed Policing Plan and Multi-Annual Budgeting in An Garda Síochána |
|
|
Forecasting jobseeker numbers and expenditure |
|
|
December 2021 |
Review of the Environmental Impact of proposed flood relief works on the River Bride (Blackpool) |
|
eCohesion Information Security Audit |
|
|
Revised Estimates for Public Services 2022 |
|
|
Spending Review on Civil and Public Service Professional Added Years Schemes |
|
|
The Pandemic Unemployment Payment and the Employment Wage Subsidy Scheme - Trends and Interactions |
|
|
|
|
|
Expected publication Date |
Title of Planned Publications (work in progress) |
|
April 2022 |
Public Service Spend and Tendering Analysis Report for 2019 (OGP) |
|
April/May 2022 |
Civil Service Employee Assistance Service Report 2021 |
|
June 2022 |
Build Report 2022 - Construction Sector performance and prospects |
|
Prospects - Ireland’s Pipeline of Major Infrastructure Projects |
|
|
December 2022 |
Supporting Excellence Leadership Group - Skills and Competency Framework |
|
To be Confirmed |
Review of the Environmental Impact of proposed flood relief works on the River Deel (Crossmolina) |
|
COVID-19 Learnings Paper |
|
|
Well-being and Public Policy Utilising a well-being perspective to inform the policy process |
72. Deputy Matt Carthy asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 93 of 1 March 2022, if the review that resulted in new guidelines regarding the salary of the CEO of Horse Racing Ireland in 2011 was part of a broader review or related solely to that role; the number of instances since February 2020 in which such guidelines have been set aside in the case of the former; the roles involved; and if he will make a statement on the matter. [13176/22]
Amharc ar fhreagraThe statutory framework governing remuneration for CEO posts in Commercial State Bodies is set out in the relevant legislation governing each post. The Code of Practice for the Governance of State Bodies also provides that the CEO of each Commercial State Body shall hold office subject to the terms and conditions as determined by the Board of the State Body with the consent of the relevant Minister and the Minister for Public Expenditure and Reform.
Prior to 2011 the remuneration for CEO posts in Commercial State Bodies were informed by recommendations of the Review Body on Higher Remuneration in the Public Sector and reviews assessments undertaken by Hay Management Consultants.
11 years ago, in June 2011, in the context of the financial challenges facing the State in the midst of the economic crisis, revised ranges were introduced for new appointees to CEO posts in Commercial State Bodies at that time.
In 2014, with the enactment of The National Treasury Management Agency (Amendment) Act 2014 the Oireachtas set out a statutory role for NewERA (New Economy and Recovery Authority) to assist Ministers in the relevant Government Departments in fulfilling their statutory responsibility with regard to determination of remuneration for these posts.
The Act provides that NewERA “shall provide financial and commercial advisory services to a Minister of the Government… consisting of advice relating to… the remuneration of the chairperson, members, directors or chief executive” of a Commercial State Body.
Accordingly, since 2014 NewERA provide the relevant guidance for determination of remuneration for these posts when requested by the relevant Minister.
However, for the information of the Deputy, since February 2020 I have provided my consent to salaries above the range that applied in 2011 in respect of 3 CEO posts (Port of Cork, VHI, Horse Racing Ireland). In each case, in line with the framework for the posts and the statutory role of NewERA, the process involved the following:
- The Board made a determination as to the appropriate salary for the post and made proposals to the relevant line Minister in that respect;
- The relevant Minister with responsibility sought an assessment of the Board's proposal from NewERA;
- NewERA carried out an independent assessment of the salary proposed by the Board, and provided a recommendation in support of a salary above the 2011 range;
- The relevant Minister sought my consent to the terms;
I can confirm that in each case the terms agreed were determined in line with the relevant statutory framework, reflected recommendations of independent assessments undertaken by NewERA, and did not represent an increase on the terms of the outgoing CEOs.
As I recently outlined to the Committee on Finance, Public Expenditure and Reform, and Taoiseach, I intend to establish an external Review Panel to examine the current process for determining the terms and conditions of employment for senior posts. It is my intention to bring proposals to Government in the coming weeks on the Terms of Reference and membership of the Review Panel.
73. Deputy Carol Nolan asked the Minister for Public Expenditure and Reform the details of the independent non-governmental organisations, including organisations with charitable status, non-profit organisations, religious bodies including churches, social enterprises, clubs, societies that his Department has supported with financial assistance from 1 January 2020 to date; and if he will make a statement on the matter. [13245/22]
Amharc ar fhreagraMy Department funded four non-governmental organisations between January 2020 and March 2022, as set out in the table below.
|
Organisation |
Funding from January 2020 to March 2022 |
|
Transparency International Ireland |
€511,250 |
|
Benefacts |
€2,113,852 |
|
Newtown School |
€16,000 |
|
Clare Education |
€34,235 |
My Department funded Transparency International Ireland in 2020, 2021 and 2022 to support the Department’s role in the implementation of the Protected Disclosures Act, 2014. My Department provides this funding in order to help workers raise concerns regarding potential wrongdoing that has come to their attention in the workplace across the public sector.
My Department also provided grant assistance to Benefacts Ltd. The funding allowed Benefacts to expand its free online database of annual regulatory and financial information on non-profits.
The Public Service Innovation Fund granted €16,000 to Newtown School in Waterford in 2020 for STEAM Workshops for Primary and Secondary Students and Teachers and €34,235 to Clare Education for a climate action outreach programme in primary schools.
The Deputy may also wish to note that the Economic and Social Research Institute (ESRI) and the Institute of Public Administration (IPA) are private companies, limited by guarantee, which receive grants from the Exchequer through the Department's Vote. They are registered charities. However, for the purposes several Acts, they are classified as public bodies.
74. Deputy Carol Nolan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the details of the independent non-governmental organisations, including organisations with charitable status, non-profit organisations, religious bodies including churches, social enterprises, clubs, societies that her Department has supported with financial assistance from 1 January 2020 to date; and if she will make a statement on the matter. [13249/22]
Amharc ar fhreagraAs stated in the the reply given to Dáil Question no. 303 of 11th May, 2021, while funding is not provided to any non-governmental organisations, my Department is responsible for a wide range of funding programmes and provides funding to a wide range of organisations from various sectors of society.
Many of the beneficiaries of these programmes, for example sports clubs, are eligible for charitable status or operate on a non-profit basis. Details of allocations under these programmes are announced from time to time and details of Department expenditure are published annually in the Department's Appropriation Accounts.
Should the Deputy have a specific query in relation to funding provided to a particular group or organisation, my officials will seek to assist upon receipt of the relevant details.
75. Deputy Brendan Smith asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the position regarding the introduction of the artist basic income guarantee pilot scheme project; and if she will make a statement on the matter. [13424/22]
Amharc ar fhreagraThe Basic Income for the Arts Pilot scheme will run over a three year period and the intention is to research the impact a basic income would have on artists' and creatives' work patterns by providing the opportunity to focus on their practice, recognising the value of the unpaid element of work that goes in to creative practice, to minimise the loss of skills from the arts as a result of the pandemic and to contribute to the growth of the sector. Fundamentally, it is to recognise the intrinsic value of the arts in Irish society.
Stakeholder engagement has been core to the policy development process and this has included a stakeholder forum on 15 December 2021, where over 150 participants from 50 artists and arts workers resource and representative bodies came together to discuss the proposal. Following that forum I held a public consultation throughout the month of January.
The purpose of the consultation was to ensure that the general public, artists, and those working in the arts and culture sector have the opportunity to contribute to policy development for the pilot scheme and to offer suggestions from their experiences as artists, arts workers, and members of resource organisations on key issues such as the scheme's objectives, eligibility criteria, supporting emerging artists and participant responsibilities.
The public consultation has closed and my Department received a significant number of submissions, reflecting the high level of interest in this new policy intervention. A report on the consultation is currently being prepared and will be published shortly.
Given the significant level of interest, the Deputy will appreciate that I need to take sufficient time to adequately consider the feedback of the sector through the consultation as I finalise the eligibility criteria for the pilot scheme.
Such a significant policy intervention takes time to operationalise. That process is ongoing and I expect to make an announcement in the coming weeks on this matter including details on when the guidelines will be made available.
76. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if a grant is available for a private individual to update their septic tank; and if he will make a statement on the matter. [13151/22]
Amharc ar fhreagraMy Department’s Rural Water Programme makes provision for grant assistance to householders in carrying out remediation, repair or upgrading works to, or replacement of, a domestic waste water treatment systems (septic tanks) where these are located in areas specifically prioritised for environmental protection or where identified as requiring action under a national inspection plan.
Further information can be obtained from the local authorities who are responsible for the day to day administration of these grants or on my Department's website at the following link:
www.gov.ie/en/publication/6cc1e-domestic-waste-water-treatment-systems-septic-tanks/.
77. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage his plans to hold a referendum on extending the franchise in Presidential elections to Irish citizens living outside the State as outlined in the Programme for Government; and if he will make a statement on the matter. [13202/22]
Amharc ar fhreagraI refer the Deputy to the reply to Question No. 383 of 1 March 2022. The position is unchanged.
78. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the details of the independent non-governmental organisations, including organisations with charitable status, non-profit organisations, religious bodies including churches, social enterprises, clubs, societies that his Department has supported with financial assistance from 1 January 2020 to date; and if he will make a statement on the matter. [13243/22]
Amharc ar fhreagraDetails of organisations that my Department has supported with financial assistance from 1 January 2020 to date are set out in the attached table.
Approved Housing Bodies are not included in this reply on the basis that they have been granted approved status, under S. 6 of the Housing (Miscellaneous Provisions) Act 1992, to assist Local Authorities in the provision of housing.
79. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the status of the regulations on affordable housing; and the reason for the delay in relation to same [13254/22]
Amharc ar fhreagraThe Affordable Housing Act 2021, the provisions of which I commenced in August and September 2021, laid the foundation for the introduction of two new affordable purchase schemes: the first to be delivered via Local Authorities and the Land Development Agency, and the second a national 'First Home' shared equity scheme supporting purchases in the private market.
Part 2 of the Affordable Housing Act underpins the Local Authority Affordable Purchase Scheme, under which Local Authorities will make homes available to eligible buyers using an equity share model. Following engagement with legal counsel, as well as engagement with the Local Government Management Agency (LGMA) and County and City Management Association (CCMA), secondary legislation for the scheme is at an advanced stage and these Regulations will be issued in the coming weeks.
The Regulations will include the notification of sale of such dwellings by a Local Authority, the application process, eligibility criteria, the form of the purchase arrangement, matters relating to redemption of the Local Authority's equity interest, and provision for a Local Authority to implement a Scheme of Priority.
80. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the estimated timeline for the delivery of houses in Boherboy Road, County Cork [13255/22]
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. 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 local authorities' Housing Delivery Action Plans. Local authorities submitted their Plans to me in December 2021. Preparation of the Plans allowed each local authority to assess the level of demand with affordability constraint in their area based on the Housing Need and Demand Assessment and plan provision accordingly.
Boherboy Road in Cork City will be the first local authority affordable purchase homes to be completed. Of the 116 affordable purchase homes on this development, Cork City Council has advised my Department that 37 three bedroom homes are expected to be delivered this year, in two phases, at discounts of up to 20% on market value, with the remainder to be delivered in 2023. The first phase is expected to be made available shortly.
81. Deputy Chris Andrews asked the Minister for Housing, Local Government and Heritage the person or body that is ultimately responsible for the operational performance of Irish Water; and if he will make a statement on the matter. [13281/22]
Amharc ar fhreagraSince 1 January 2014 Irish Water has statutory responsibility for all aspects of the planning, delivery and operation of water and wastewater services at national, regional and local levels. The Board of Ervia is charged with ensuring that Irish Water operates in accordance with its statutory functions and the Code of Governance for State Bodies. However, Irish Water is subject to range of external oversight mechanisms.
The Water Services (No. 2) Act 2013 provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Regulation of Utilities (CRU) which has statutory responsibility for protecting the interests of customers.
A key aspect of the CRU’s regulatory role is to ensure that Irish Water’s revenue is spent appropriately to improve services for customers. To facilitate this, the CRU has put a Performance Assessment Framework in place against which it monitors Irish Water’s performance and progress over time. This Framework currently includes 28 metrics covering customer service, security of supply, quality of supply, sewer incidents, environmental performance, and energy and emissions. This arrangement is in place to ensure that Irish Water performs to a high standard, keeps the public and other key stakeholders informed of its performance, and supports the CRU in making evidence-based decisions in the interests of customers.
The Environmental Protection Agency is responsible for regulating Irish Water’s compliance with environmental regulation. The EPA reports regularly on Irish Water's performance in this regard and can and does take enforcement action, including through the Courts, where it identifies failures.
The Water Services Act 2017 strengthened stakeholder engagement in oversight of the water sector through the establishment of the Water Advisory Body, which reports to the Oireachtas on the Irish Water's performance in the implementation of its business plan. The Water Advisory Body issues quarterly reports to the Oireachtas on Irish Water performance. In addition, the 2017 Act provided for the establishment of An Fóram Uisce, which provides an important platform for public engagement on all matters relating to water resource management, including in relation to the functions performed by Irish Water.
Finally, as Minister, I and my Department have a role in the overall governance of Irish Water, including financial governance. This is discharged through a number of structural arrangements such as the Shareholders’ Expectation Letter, monthly management to management meetings, and a range of other formal and informal meetings in relation to financial governance, delivery of programmes, etc. I also have responsibility for setting national policy in relation to water matters including the functions of Irish Water. In addition, NewERA, in its role as financial and commercial advisor to Government Ministers and Departments, provides advice to my Department in relation to financial expenditure, capital consents for major projects, board appointments, and related matters.
82. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage his views on the reluctance of some local authorities to take charge of housing estates containing developer provided water infrastructure based on the distance from the DPI infrastructure to the local public connection; his views on whether additional funding should be made available for such instances; and if he will make a statement on the matter. [13288/22]
Amharc ar fhreagraMy Department is operating a Multi-annual Developer Provided Water Services Infrastructure Resolution Programme to provide funding for the progressive resolution of housing estates with legacy developer provided water services infrastructure.
The programme is focused on housing estates which are not taken in charge by local authorities and do not have their water services connected to the public (Irish Water) network, but rely instead on infrastructure, often temporary in nature, which was provided by developers. The focus of the first tranches of funding is on estates in towns and villages where the resolution is to connect their water services to the public networks.
Under Section 180 of the Planning and Development Act 2000, the planning authority is obliged to initiate taking in charge procedures where requested by either the developer or by the majority of owners of the dwellings in question. However, this is subject to the development being completed to the satisfaction of the planning authority and in accordance with the permission and any conditions attached to the permission.
A study is being carried out by Irish Water to develop optimum solutions for estates with legacy developer provided water services infrastructure. The study will help my Department with developing policy solutions, including issues around funding, for estates that, due to distance, are not viable to connect to the public network. This is by considering sustainable treatment technologies either on the same site or another suitable alternative site. I understand the study is expected to be completed in Q2, 2022.
83. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 352 of 1 March 2022, if a local authority can refuse to take over responsibility for the roads and footpaths, public lighting and open spaces following a request to do so by the majority of dwellings owners at least four years since the expiry of planning permission; if so, the situations in which such a refusal can be made; and if he will make a statement on the matter. [13289/22]
Amharc ar fhreagraAs outlined in my answer to Parliamentary Question No. 352 of 1 March 2022, the taking in charge of housing estates by local authorities is ultimately a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority. 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 with the declaration of a public road under section 11 of the Roads Act, 1993.
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 may be a delay in the taking in charge process. In addition matters such as enforcement proceedings against concerned developers or the invocation of bonds may cause further delays.
The question is asking for an interpretation of the law, which is a matter for the Courts. 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, including the taking in charge of housing estates.
84. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the reason that his Department does not hold data on a year-to-year basis regarding developments that have been taken in charge; his views on whether it would be appropriate to reconsider this stance given the number of estates nationally that are not receiving any assistance for their needs; and if he will make a statement on the matter. [13290/22]
Amharc ar fhreagraUnder section 30 of the Planning and Development Act 2000, as amended (the Act), I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. This includes the taking in charge process.
The taking in charge of residential estates is a reserved function of the elected members of the Local Authority following recommendations made by the Executive. 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 laid out in section 180 of the Act.
The process for taking in charge is initiated by the declaration of a public road in accordance with section 11 of the Roads Act 1993 and is a matter for relevant roads authority and is not a matter in which I, in my Role as Minister with responsibility for planning have any statutory function.
Planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website, at the following link: www.gov.ie/en/service/9e4ee-get-planning-statistics/ .
The data collected relates to the total number of applications and decisions for all developments that require planning permission, broken down by year and planning authority but does not include data on taking in charge cases. The information requested may be sought directly from planning authorities.
85. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage when the website on incremental tenant purchase scheme will be updated with the new terms and conditions (details supplied); if his attention has been drawn to the fact that the website has not been updated since 13 October 2021 despite the terms and condition of the scheme changing in February 2022; if his further attention has been drawn to the fact that the website still contains information concerning the old minimum gross annual income of €15,000 and that the information booklet for this scheme has not been updated since February 2016; when local authorities will receive updated application forms as many are still working off the 2016 terms and conditions; and if he will make a statement on the matter. [13345/22]
Amharc ar fhreagraThe Tenant (Incremental) Purchase Scheme was reviewed in 2021 in line with Programme for Government and Housing for All commitments.
The amendments, which came into effect on 1st February 2022, include a reduction in the minimum reckonable income required to be eligible under the scheme from €15,000 to €12,500. 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. While local authorities have already been formally advised of these changes, the Department also intends to issue revised guidelines shortly.
The template application form issued by my Department to all local authorities in 2016 has not been affected by recent changes and it can continue to be used to facilitate applications under the scheme. That said, local authorities may need to amend explanatory or supporting material accompanying the application form to reflect these changes. While this is generally a matter for local authorities, my Department will advise them to do so when issuing the revised guidelines.
The gov.ie website has been updated with details of the changes to the scheme. Up-to-date information on the scheme is available at the following link: www.gov.ie/en/service/12558-incremental-tenant-purchase-scheme-for-existing-local-authority-houses/ .
86. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when new planning regulations for the installation of solar panels on schools and community buildings will be published; the reason for the delay in doing so; and if he will make a statement on the matter. [13447/22]
Amharc ar fhreagraUnder the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the planning exemptions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural to which specific conditions are attached.
My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity. This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, as well as the introduction of new classes of solar panel planning exemptions for apartments and educational/community/religious buildings.
In light of the need to appropriately address aviation safety concerns arising from the “glint and glare” impacts of solar panels and the easing of the solar panel planning exemption thresholds, the regulations will cover the vast majority of the land area of the country, with limited restriction zones around airports.
The draft regulations have been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals. It is anticipated that the formal SEA process will commence, with consultation with the statutory environmental authorities to inform the content of the Environmental Report, following the completion of the screening for Appropriate Assessment by my Department’s Ecological Assessment Unit. The SEA Environmental Report will be published alongside the draft regulations for a period of public consultation of not less than 4 weeks. This public consultation is expected to commence shortly. A copy of the draft regulations and the Environmental Report will be made available for inspection over this period. Written submissions or observations will be taken into consideration before the finalisation of the draft regulations.
As required under planning legislation, the proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made and the SEA process concluded. Accordingly, the process for finalising the solar panel planning exemptions will be completed in the coming months.
While these regulations are being advanced, my Department is concurrently examining the scope to draft supplementary regulations to further expand the exemptions by way of reducing the proposed restriction zones around airports.
87. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when a permanent CEO will be appointed to Galway County Council; the steps taken to action this matter to date; and if he will make a statement on the matter. [13520/22]
Amharc ar fhreagraMy Department has advised the Public Appointments Service (PAS) of the requirement to hold a recruitment competition for a replacement permanent Chief Executive in Galway County Council and it is now a matter for PAS to put the necessary recruitment arrangements in place.
There is a requirement for all Chief Executive posts for Local Authorities to be advertised openly on the www.publicjobs.ie website operated by PAS and the timing of the advertising of this post is a matter for PAS.
