Written Answers Nos. 221-240
221. Deputy Pearse Doherty asked the Minister for Finance the grounds on which differing criteria are used with respect to social-welfare entitlements and taxation, whereby cohabiting couples can be jointly-assessed for the former but not the latter; and if he will make a statement on the matter. [25580/22]
Amharc ar fhreagraWhere a couple is cohabiting, rather than married or in a civil partnership, they are treated as separate and unconnected individuals for the purposes of income tax. Each partner is a separate entity for tax purposes, therefore, cohabiting couples cannot file joint assessment tax returns or share their tax credits and tax bands in the same manner as married couples.
The basis for the current tax treatment of couples derives from the Supreme Court decision in Murphy vs. Attorney General (1980), which held that it was contrary to the Constitution for a married couple, both of whom are working, to pay more tax than two single people living together and having the same income.
The treatment of cohabiting couples for the purposes of social welfare is primarily a matter for the Minister for Social Protection. However, it is based on the principle that married couples should not be treated less favourably than cohabiting couples. This was given a constitutional underpinning following the Supreme Court decision in Hyland v Minister for Social Welfare (1989) which ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting.
To the extent that there are differences in the tax treatment of the different categories of couples, such differences arise from the objective of dealing with different types of circumstances while at the same time respecting the constitutional requirements to protect the institution of marriage. Cohabitants do not have the same legal rights and obligations as a married couple or couple in a civil partnership which is why they are not accorded similar tax treatment to couples who have a civil status that is recognised in law. Any change in the tax treatment of cohabiting couples can only be addressed in the broader context of social and legal policy development in relation to such couples.
222. Deputy Catherine Murphy asked the Minister for Finance the annual cost of cleaning and sanitising roofs of buildings under his Department’s control for the past five years to date in 2022. [25587/22]
Amharc ar fhreagraI wish to advise the Deputy that my Department has had no annual costs associated with the cleaning or sanitising of roofs of the Department's buildings.
223. Deputy Cian O'Callaghan asked the Minister for Finance the number of households that did not complete the self-reporting local property tax survey on vacancies; and if he will make a statement on the matter. [25608/22]
Amharc ar fhreagra224. Deputy Pearse Doherty asked the Minister for Finance the penalties that are in place for failing to report property vacancy with respect to local property tax returns; and if he will make a statement on the matter. [25610/22]
Amharc ar fhreagraI propose to take Questions Nos. 223 and 224 together.
For the Local Property Tax (LPT) valuation period 2022-2025, residential property owners were asked to indicate in their LPT returns the occupancy status of their properties on 1 November 2021 and, where vacant, the duration of and reason for the vacancy. It is important to note that LPT applies in respect of any building which is in use as, or is suitable for use as, a dwelling. Therefore, it is not applied in respect of a property which has fallen into such a state of dereliction that it is no longer in use as, or suitable for use as, a dwelling. These information requirements were included in LPT returns in accordance with section 39A of the Finance (Local Property Tax) Act 2012 (as amended), which was introduced by the Finance (Local Property Tax) (Amendment) Act 2021. Any information obtained under section 39A may only be used for compiling statistical information in relation to vacant residential properties.
As the information on occupancy status was collected as part of the LPT return, all property owners that submitted an LPT return for the valuation period 2022-2025 completed the local property tax survey on vacancies that the deputies have referred to. As of 11 May, 1,250,611 property owners had filed returns in respect of 1,597,200 properties.
I am advised by Revenue that, as with any other tax return, all LPT returns are subject to validation and checking by Revenue, and this extends to the information returned regarding the occupancy status of properties. Where a person files an LPT return but fails to include in the return all of the required information and fails to remedy matters when asked to do so by Revenue, section 146 of the Finance (Local Property Tax) Act 2012 provides that the person will be liable to a penalty of the amount of the LPT that is correctly payable in respect of the property (subject to a cap of €3,000). Accordingly, where a person failed to indicate in their LPT return for the valuation period 2022-2025 that the property was unoccupied on 1 November 2021 and fails to remedy matters when asked to do so by Revenue, the person will be liable for a penalty equal to the amount of LPT that was correctly payable in respect of the property (subject to the cap of €3,000).
225. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 583 of 26 April 2022, the way that flexi-leave will be taken into account for those who work less than five days per week further to the publication of the Civil Service Blended Working Policy Framework; if details of the way that blended and hybrid-work will take flexi-leave into consideration will be published; and if he will make a statement on the matter. [25479/22]
Amharc ar fhreagraFurther to Parliamentary Question No. 583 of 26 April 2022, the availability of flexitime accrual for those availing of a blended working arrangement is continuing to be considered. The Civil Service will test how flexitime accrual in a blended working environment will impact on the operational and business needs of organisations. This will involve a testing of approaches, informed by a recent Civil Service Arbitration Board report, the details of which will be finalised over the coming weeks.
As noted in my previous answer, due to the unprecedented impact of COVID-19 on normal working arrangements, the operation of traditional flexi-time and attendance management rules do not support the flexible arrangements and agility required during this extraordinary situation. These arrangements were temporarily suspended in April 2020 to facilitate the required new ways of working across the public service.
The normal operation of flexi-time, or equivalent attendance management rules, including any flexi-time accruals and deficits, continues to remain temporarily suspended for those employees who are working under different arrangements. This includes those who are working from home or working a pattern of working from home/in the work premises.
Flexi-time accrual arrangements were re-introduced from August 2020 in circumstances where employees are attending the employer’s work premises for the full complement of their normal, pre-COVID work attendance patterns and rostered hours.
Remote working in the Civil Service, post COVID-19, will be facilitated on a blended basis. In this context, the Department of Public Expenditure and Reform, in consultation with employers across the Civil Service has developed a Blended Working Policy Framework for the Civil Service. The Framework was published on 31st March 2022 and has been distributed to all Civil Service organisations to allow for the development of their own blended working policies. When completed, each Department/Office will roll out their blended working policies and implementation plans.
226. Deputy Cathal Crowe asked the Minister for Public Expenditure and Reform when his Department received additional documentation relating to a project (details supplied); and when a decision on same will be issued. [25489/22]
Amharc ar fhreagraLocal flooding and coastal erosion issues are a matter, in the first instance, for each Local Authority to investigate and address.
Under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme, applications are considered for projects that are estimated to cost not more than €750,000 in each instance. Funding of up to 90% of the cost is available for approved projects. Applications are assessed by the OPW having regard to the specific economic, social and environmental criteria of the scheme, including a cost benefit ratio and having regard to the availability of funding for flood risk management. Full details of this scheme are available on www.opw.ie.
Clare County Council previously submitted six applications under the Minor Works Scheme, for areas identified in the study area of the Malbay Coastal Flood and Erosion Risk Management Study area.
|
ProtectionLocation |
Project Details |
ApprovedFunding |
Year of Approval |
|
Quilty to Miltown Malbay (Quilty, Spanish Point & Whitestrand) |
Coastal erosion & flood risk management study |
€65,000 |
2015 |
|
Spanish Point |
Provide rock armour over 75m |
€225,000 |
2020 |
|
Miltown Malbay |
To construct a 206m long DN1200 culvert to alleviate flooding Associated WorksReplacement of culvert |
€490,500 €45,000 |
2020 2012 |
|
Whitestrand |
Detailed design and planning |
€36,000 |
2020 |
|
Liscannor Bay (Clahane, Liscannor & Miltown Malbay) |
Coastal erosion & flood risk management study |
€108,000 |
2015 |
While the OPW currently has no application on hand under the Minor Flood Mitigation Works and Coastal Protection Scheme for works at Quilty, the OPW is engaging with Clare County Council. Specifically the OPW is requesting some additional information to be able to determine if viable works at this area can be considered.
227. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform if he will review the absence of electronic payment at some OPW sites nationwide; the number of such locations; when electronic payment will be installed; the income received from each OPW location per-annum for the past three years; if he will consider free admissions in the future to encourage more visitors; and if he will make a statement on the matter. [25534/22]
Amharc ar fhreagraThe OPW is committed to providing card payment facilities at all sites with an admission charge, however, there are instances where poor connectivity and/or features of the site’s infrastructure render the provision of such facilities more complex. Currently there are seven such sites where work remains ongoing in terms of finding appropriate technological solutions that will enable card payments. It is anticipated that such facilities should become available at all of these sites during the course of 2022.
In line with the Government’s Covid-19 recovery plan, and in support of the national tourism recovery agenda, the OPW waived all admission charges in 2021. In 2020, most admission charges were waived or reduced.
The OPW operates a range of free entry initiatives such as free educational visits and free entry for children under twelve, for people with disabilities and their carers, and free access to many sites on the first Wednesday of each month. These initiatives enhance the accessibility and inclusiveness of the heritage sites in its care and all OPW-managed parks and gardens that are freely accessible to Irish residents continue to offer significant amenity value to residents and tourists alike.
The table below details the income from ticketed admissions and heritage card sales at OPW heritage sites in 2019 and 2020. (It should be noted that for 2020, the admissions recorded relate to the period 01/01/20-15/3/20 after which point sites were closed in line with Covid19 guidelines and admission fees were waived when sites reopened that year.) Similarly, admission charges were not applied in 2021.
|
Site Name |
2019 |
2020 |
|
Altamount |
€2,187 |
€885 |
|
Ardfert Cathedral |
€15,281 |
Free admission |
|
Askeaton Castle |
Not applicable |
Free admission |
|
Athenry Castle |
€21,526 |
Free admission |
|
Aughnanure Castle |
€101,042 |
Free admission |
|
Ballyhack Castle |
Free admission |
Not applicable |
|
Battle of the Boyne |
€101,232 |
€5,128 |
|
Blasket Centre |
€138,312 |
€8,928 |
|
Boyle Abbey |
€18,155 |
Free admission |
|
Bru na Boinne |
€575 |
€77,311 |
|
Newgrange |
€53,479 |
€44,503 |
|
Knowth |
Free admission |
Free admission |
|
Bryce House - Garinish Island |
Free admission |
Not applicable |
|
Cahir Castle |
€273,621 |
€10,676 |
|
Carrowmore |
€119,389 |
€84 |
|
Casino Marino |
Free admission |
Free admission |
|
Castletown Experiences |
€12,146 |
€735 |
|
Castletown House |
€76,002 |
€3,884 |
|
Céide Fields |
€87,042 |
€316 |
|
Charles Fort |
€315,291 |
€17,951 |
|
Clonmacnoise |
€766,486 |
€47,754 |
|
Corlea Trackway Visitor Centre |
Free admission |
Free admission |
|
Derrynane House |
€68,952 |
€21,059 |
|
Desmond Hall |
€130 |
Free admission |
|
Donegal Castle |
€160,280 |
€3,291 |
|
Doneraile Estate |
€40,550 |
€6,926 |
|
Dublin Castle |
€2,680,309 |
€359,726 |
|
Dún Aonghasa |
€361,267 |
€6,751 |
|
Dungarvan Castle |
€350 |
Free admission |
|
Dunmore Cave |
€87,563 |
€7,289 |
|
Emo Court |
€24,648 |
Not applicable |
|
Ennis Friary |
€41,100 |
Free admission |
|
Farmleigh |
€63,474 |
€1,007 |
|
Ferns Castle |
€120 |
Not applicable |
|
French Church |
Free admission |
Free admission |
|
Garinish Island |
€229,619 |
€53,675 |
|
Glebe House and Gallery |
€13,329 |
Free admission |
|
Glendalough Visitor Centre |
€247,669 |
€8,288 |
|
Hill of Tara |
€26,234 |
Free admission |
|
J F Kennedy Arboretum |
€94,812 |
€16,729 |
|
Jerpoint Abbey |
€84,499 |
€1,601 |
|
Kells Priory |
Free admission |
Free admission |
|
Kilkenny Castle |
€1,601,489 |
€284,610 |
|
Kilmainham Gaol |
€2,115,152 |
€292,544 |
|
Listowel |
Free admission |
Free admission |
|
Loughcrew |
Free admission |
Free admission |
|
Main Guard |
€230 |
Free admission |
|
Maynooth Castle |
€490 |
Not applicable |
|
Mellifont Abbey |
€9,308 |
Free admission |
|
National Botanic Gardens |
€23,315 |
€3,290 |
|
Newmills Corn and Flax Mills |
€180 |
Free admission |
|
Ormond Castle |
€13,337 |
Free admission |
|
Parke's Castle |
€45,613 |
Free admission |
|
Pearse Museum |
€990 |
€30 |
|
Pearse's Cottage |
€29,738 |
€927 |
|
Phoenix Park Visitor Centre |
€2,120 |
€150 |
|
Portumna Castle |
€45,905 |
Free admission |
|
Rathfarnham Castle |
€8,634 |
€1,206 |
|
Reginald's Tower |
€55,462 |
Free admission |
|
Rock of Cashel |
€1,995,528 |
€101,114 |
|
Roscrea Heritage |
€6,163 |
Free admission |
|
Ross Castle |
€139,824 |
€2,068 |
|
Scattery Island |
Free admission |
Free admission |
|
Skellig Michael |
Free admission |
Free admission |
|
Sligo Abbey |
€56,722 |
Not applicable |
|
St. Audoen's Church |
€610 |
Not applicable |
|
St. Mary's Church, Gowran |
€60 |
Not applicable |
|
Swiss Cottage |
€58,221 |
Not applicable |
|
Tintern Abbey |
€58,751 |
Free admission |
|
Trim Castle |
€227,879 |
€12,412 |
|
Total |
€12,822,391 |
€1,402,848 |
228. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the up-to-date position regarding the erection of a State monument in honour of a person (details supplied); if he will provide details of the most recent correspondence within Government in relation to this project; if there is a delay with the project; if so, the reason for the delay; and if he will make a statement on the matter. [25562/22]
Amharc ar fhreagraThe Office of Public Works undertakes such projects on behalf of the Department of the Taoiseach and the proposal was forwarded by the Office of Public Works to this Department for its attention. There has been no update on the matter at this present time.
229. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the annual costs incurred by the OPW in respect of cleaning built heritage and statues and or monuments in the past five years to date in 2022. [25572/22]
Amharc ar fhreagraThe Office of Public Works is responsible for the conservation, maintenance, presentation and promotion of Ireland’s most iconic heritage properties, including Ireland’s two Unesco World Heritage Sites, 800 National Monuments, 32 National Historic Properties and over 5,000 acres of gardens and parklands.
The care of the estate is delivered through a variety of ways and means including conservation and maintenance works delivered directly through our operational workforce, the presentation of our sites through the OPW Guide Service and where required, the procurement of suitably qualified third-party contractors to undertake particular tasks.
Given the variety of maintenance duties and the number of locations concerned, for the purposes of reporting, the OPW does not record specific definitions of all maintenance tasks required at sites and is therefore not in a position to provide the exact level of detail requested by the Deputy.
230. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the annual cost of cleaning and sanitising roofs of buildings under his Department’s control for the past five years to date in 2022. [25593/22]
Amharc ar fhreagraI wish to advise the Deputy that my Department had no costs of this nature during the period specified.
231. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the annual cost of cleaning and sanitising roofs of buildings under her Department’s control for the past five years to date in 2022. [25596/22]
Amharc ar fhreagraAs the Deputy will be aware, the provision of office accommodation for my Department falls within the remit of the Office of Public Works.
I am advised that my Department has not incurred any costs in relation to the activities described by the Deputy during the period in question.
232. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the specific measures and metrics used to categorise surface waters as high, good, moderate, poor or bad for the European Union Water Framework Directive; and if he will make a statement on the matter. [25536/22]
Amharc ar fhreagraThe EU Water Framework Directive (Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy), which establishes a common framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater, has been transposed into Irish law primarily through the following Regulations:
- European Union (Water Policy) Regulations 2014(S.I. No. 350 of 2014)
- European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations, 2011 (S.I. No. 489 of 2011)
- European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2010 (S.I. No. 610 of 2010)
- European Communities Environmental Objectives (Groundwater) Regulations, 2010 (S.I. No. 9 of 2010)
- European Communities Environmental Objectives (Surface Waters) Regulations, 2009 (S.I. No. 272 of 2009)
- European Communities (Water Policy) Regulations, 2003 (S.I. No. 722 of 2003)
These Regulations cover governance, the shape of the Directive’s characterisation, monitoring and status assessment programmes, determining the quality elements and undertaking the characterisation and classification assessments for both surface and groundwater bodies.
Under Regulation 10 of the 2003 Regulations, the Environmental Protection Agency (EPA) has been assigned the responsibility of developing the appropriate monitoring programmes to be applied by public authorities assigned a duty of monitoring by the EPA.
Further details of the various monitoring programmes (Rivers, Lakes, Marine and Groundwater), which establishes the monitoring measures necessary for compliance with Articles 7(1) and 8 of the Directive, are available on the EPA’s website at the following link; www.epa.ie/our-services/monitoring--assessment/freshwater--marine/.
233. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage when he expects the defective concrete blocks remediation Bill to come before Dáil Éireann; and if he will make a statement on the matter. [25598/22]
Amharc ar fhreagraI brought a Memorandum to Government on an enhanced Defective Concrete Blocks Grant Scheme on the 30 November 2021. It included an unprecedented suite of improvements to the current scheme. Government approved the enhanced scheme which it was estimated would cost approximately €2.2Bn.
I aim to bring the required primary legislation to give effect to the enhanced scheme before the Oireachtas in the coming weeks and arrangements for the implementation of the new scheme will be finalised in parallel with the development of the legislation.
234. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if he will consider a further roll-out of rent-pressure zones to large urban centres such as Ennis and Shannon, in view of the latest rental report by an organisation (details supplied),; and if he will make a statement on the matter. [25418/22]
Amharc ar fhreagraSection 24A of the Residential Tenancies Act 2004, as amended, provides that the Housing Agency, in consultation with housing authorities, may make a proposal to the Minister that an area should be considered as a Rent Pressure Zone. Following receipt of such a proposal, the Minister requests the Director of the Residential Tenancies Board (RTB) to conduct an assessment of the area to establish whether or not it meets the criteria for designation and to report to the Minister on whether the area should be designated as a Rent Pressure Zone (RPZ). For the purpose of the Act, ‘area’ is defined as either the administrative area of a housing authority or a Local Electoral Area (LEA) within the meaning of section 2 of the Local Government Act 2001. There is no provision for any other type of area to be designated as a RPZ.
The criteria to be satisfied by an area under section 24A(4) of the Residential Tenancies Act for designation as an RPZ are as follows:
- the information relating to the area, as determined by reference to the information used to compile each RTB Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7% in each of at least 4 of the 6 quarters preceding the period immediately prior to the date of the Housing Agency's proposal, and the average rent for the area in the last quarter, as determined by reference to the information used to compile each RTB Rent Index quarterly report, is
- in the case of counties Kildare, Meath and Wicklow or an LEA in any one of those counties, above the average rent in the State, excluding rents in the 4 Dublin Local Authority areas, or
- in the case of any LEA outside of the Greater Dublin Area (i.e. Dublin, Kildare, Meath and Wicklow), above the average rent in the State, excluding rents in the Greater Dublin Area.
Each RTB quarterly Rent Index Report includes a summary table of the data used to establish whether each Local Electoral Area fulfills the criteria for designation as a Rent Pressure Zone. This ensures transparency in relation to the position of individual areas in terms of average rent levels and increases.
The most recent average national rent available for this purpose is taken from the Q4 2021 RTB Rent Index Report which records the Non-GDA Standardised Average rent of €1,059.
The data from the Rent Index Report for Q4 2021 relating to the LEA of Shannon and Ennis is detailed in the table below.
Rent Index Q4 2021 – County Clare
|
Local Electoral Area |
Quarters >7 % |
Average 2021 Q4 (€) |
|
Shannon |
* |
* |
|
Ennis |
4 |
€1002.85 |
Note: * indicates that rents in areas with less than 30 observations are not published for statistical reasons.
Local electoral areas Shannon and Ennis do not currently fulfil the RPZ designation criteria under the legislation.
The Housing Agency and the RTB will continue to monitor national rents and if Ennis or Shannon LEAs meet the designation criteria, they will be designated as a Rent Pressure Zones.
It is important to note that Daft.ie is a single platform and there are other platforms advertising properties for rent. Individual letting agents may also maintain contact lists for potential tenants. The report measures rent asking prices, which may be different to the rents actually being paid. The Rent Index Report issued by the Residential Tenancies Board (RTB) is based on actual rents in newly registered tenancies during a given quarter.
235. Deputy Michael Fitzmaurice asked the Minister for Housing, Local Government and Heritage when guidelines will be given to the local authorities regarding the changes being made to the tenant purchase scheme; and if he will make a statement on the matter. [25455/22]
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.
236. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the details of the public service benchmarking exercise used in bundles 1 and 2 of the social housing public private partnerships. [25492/22]
Amharc ar fhreagraThe Public Sector Benchmark (PSB) is an essential part of any PPP project. It contains commercially sensitive information in relation to the methodology used for costing public sector projects and for the pricing of risks by public sector bodies. In accordance with Department of Public Expenditure and Reform guidelines (Guidelines for the use of Public Private Partnerships), the final PSB, or any elements thereof, is not made public during the tendering process nor where it is intended to procure further similar projects in the near future (e.g. subsequent project bundles as part of an ongoing PPP programme).
Bundles 1 and 2 of the PPP programme are now completed and my Department and the National Development Finance Agency (NDFA) are currently working with the relevant Local Authorities to progress Bundle 3 of the PPP programme. The NDFA, in its role as procuring authority and financial advisor, and Dublin City Council, as lead local authority and Sponsoring Agency, are currently finalising the design and planning phases of Bundle 3 in conjunction with the relevant local authorities. My Department has also commenced rolling out a new Programme of PPPs for the delivery of social housing under Housing for All.
As Bundle 3 will follow the same structure as Bundles 1 and 2 and given the potential impact on value for money for the State, it is not appropriate to release the PSB for Bundles 1 and 2 at this time. However, the Department of Public Expenditure has agreed, in the interest of transparency and timing, that the PSB may be published when the tender process for Bundle 3 has been finalised and the contract is awarded. It is anticipated that the tender process for Bundle 3 will commence in Q2 2022.
237. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when the review of IS 465 is expected to be complete; and if the enhanced defective block remediation scheme can be open to applications prior to the completion of the NSAI review of IS 465. [25493/22]
Amharc ar fhreagraI brought a Memorandum on an enhanced Defective Concrete Blocks Grant Scheme to Government on the 30 November 2021 and it included an unprecedented suite of improvements to the current scheme. Government approved the enhanced scheme which it is estimated will cost approximately €2.2Bn.
Full details in relation to the changes announced are available at the following link: www.gov.ie/en/press-release/e365e-minister-obrien-announces-enhancements-to-the-defective-concrete-block-scheme/.
Following the Government decision on the enhanced scheme, the National Standards Authority of Ireland (NSAI) was tasked with delivering the program of work to address the following technical items:
- A review of the I.S. 465 Standard and its application.
- A review by NSAI Masonry Committee of the Irish Standard for Concrete Blocks (including aggregates).
- A review of the impact of pumped cavity wall insulation on cavity wall construction and within homes susceptible to or impacted by defective concrete blocks.
NSAI does not operate under the auspices of my Department, it is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment, and as such detail issues in relation to committees, expertise, timelines etc., are matters for the NSAI.
However, an interagency Defective Concrete Blocks – Technical Matters Steering Group has been established to support and inform the NSAI Standardisation Program in relation to technical issues. The steering group includes representatives from NSAI, Geological Survey Ireland (GSI), Sustainable Energy Authority of Ireland (SEAI), and representatives from my Department.
I aim to bring the required primary legislation to give effect to the enhanced Defective Concrete Block Grant Scheme before the Oireachtas in the coming weeks and arrangements for the implementation to the new scheme will be finalised in parallel with the development of the legislation. Applications for the new scheme are not dependent on completion of the review of the current I.S. 465 standard.
238. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if he will provide a list of all members of An Bord Pleanála and the name of each prescribed body they were nominated by in tabular form. [25524/22]
Amharc ar fhreagraThe appointment of Board members to An Bord Pleanála is governed by section 106 of the Planning and Development Act 2000, as amended (the Act), and Part 7 of the Planning and Development Regulations 2001, as amended. It provides that appointments to the Board by the Minister for Housing, Local Government and Heritage are generally made from candidates nominated by panels of prescribed bodies.
The information sought by the Deputy regarding current members of the Board of An Bord Pleanála and the names of the prescribed bodies they were nominated by is set out in the following table:
|
NAME |
RELEVANT SECTION OF ACT |
NOMINATED BY |
|
Mr. David Walsh (Chairperson) |
Appointed by the Government under Section 105 |
Appointed by Government |
|
Mr. Paul Hyde (Deputy Chairperson) |
106(1)(d) |
Irish Rural Dwellers Association (IRDA) |
|
Mr John Connolly |
106(1)(b) |
Irish Business and Employers Confederation (IBEC) |
|
Mr Chris McGarry |
106(1)(a) |
Royal Town Planning Institute Ireland (RTPI) and Irish Planning Institute (IPI) |
|
Ms. Michelle Fagan |
106(1)(b) |
Construction Industry Federation (CIF) |
|
Mr. Stephen Bohan |
106(1)(b) - Additional Board member appointed under Section 104(2) of the Act from Panel B nominations |
Institute of Professional Auctioneers & Valuers (IPAV) |
|
Ms. Patricia Calleary |
106(1)(c) |
Irish Creamery Milk Suppliers Association (ICMSA) |
|
Mr Terry O'Niadh |
106(1)(c) |
County and City Management Association (CCMA) |
|
Dr. Maria Fitzgerald |
106(1)(d) |
Institute of Archaeologists of Ireland (IAI) |
239. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the regulations that are in place for an industry (details supplied) in view of an issue which occurred; if self-regulation is still in place for this industry; the checks and regulations that have been put in place for this industry given the identification of an issue; the actions that have been taken by his Department in this regard; and if he will make a statement on the matter. [25575/22]
Amharc ar fhreagraThe Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
On 30 March 2022, the European Commission launched a package of European Green Deal proposals to make sustainable products the norm in the EU, boost circular business models and empower consumers for the green transition. These include a proposal to revise the Construction Products Regulation to boost the internal market for construction products and ensure that the regulatory framework in place is fit for making the built environment deliver on our sustainability and climate objectives.
The National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland.
In relation to the specification of concrete blocks, the relevant suite of harmonised standard facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. NSAI has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which provides, inter alia, guidance on the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work in Ireland. S.R. 325:2013+A2:2018/AC: 2019 recommends the use of Category 1 aggregate concrete blocks, which requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).
In respect of specification of aggregates for concrete (including concrete blocks), NSAI has published ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’ which outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production, again including the requirement for independent third party oversight of factory production control by a Notified Body.
In respect of the specification of hardcore, the relevant harmonised standard is ‘I.S. EN .S. EN 13242:2002+A1:2007 – Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction’. NSAI has published ‘S.R. 21:2014+A1:2016 Guidance on the use of I.S. EN 13242:2002+A1:2007 – Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction’ which includes the specification for hardcore (Annex E of S.R. 21) and outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production and requires third party oversight of the manufacturing process.
A full list of designated Notified Bodies for construction products may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.
Separately, NSAI published ‘I.S. 888:2016 Code of Practice for the procurement and use of unbound granular fill hardcore material for use under concrete floors’, which outlines the requirements for post manufacturing operations of hardcore (beyond the quarry gate) such as procurement, haulage, delivery and receipt, storage and handling, placing, traceability and record management, with the aim of improving the chain of custody within the supply chain and ensuring the complete traceability of hardcore from the original manufacturer and source to the location where it is incorporated into the works.
Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.
My Department recently published ‘A Guide to the marketing and use of Aggregate Concrete Blocks to EN 771-3 in Ireland’ on its website. This Guide provides guidance to economic operators (manufacturers, importers and distributors) on the marketing of aggregate concrete blocks to EN 771-3[1] standard, the harmonised European standard under the Construction Products Regulation. It also outlines the responsibilities of specifiers, designers, builders, certifiers and end users for compliance with the Building Regulations 1997 to 2021.
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011. Regulation (EU) 2019/1020 establishes an EU wide framework for market surveillance, and came into full effect in July 2021. This strengthens the existing provisions in the CPR (and other Union harmonisation legislation), relating to the compliance of products, the framework for cooperation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market.
Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013), each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.
In addition, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appointed Dublin City Council as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis. Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has been established for this purpose. DCC-NBCO may be contacted at: support@nbco.gov.ie. Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
Market surveillance activity should enable non-compliant products to be identified and kept or taken off the market with unscrupulous and/or criminal economic operators prosecuted and penalised for their actions. In this context, it is important to note that the overarching objective of a market surveillance authority is to ensure that compliant products are placed on the market. Where non-compliance is identified, market surveillance activities should be designed to encourage economic operators to take appropriate corrective actions to redress the position within a reasonable period of time.
Market surveillance authorities have significant powers including to obtain access to the place of manufacture or storage, request technical information, select samples of the construction product and carry out evaluations, examination or tests on such samples. Where construction products are placed on the market which do not comply with the requirements set out in the CPR, market surveillance authorities have powers to direct the relevant economic operator to take the necessary corrective actions to bring the product into compliance. Where this does not work, there are further procedures that may result in the product being withdrawn or recalled from the market, its use subject to special conditions, or the products availability on the market being prohibited or restricted.
Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR. The 2022 programme is currently underdevelopment.
Whilst the CPR focuses on the conditions which apply when placing a product on the market, clients, specifiers, designers and builders etc., should:
- when drawing up specifications, refer to the harmonised technical specifications and specifically to the requirements of individual characteristics when necessary,
- when choosing the products most suitable for their intended use in construction works, review the manufacturer’s Declaration of Performance,
- check the Standard Recommendations published by NSAI, which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and
- ensure compliance with the Building Regulations 1997 to 2021, in this regard all works should be carried out in a workmanlike manner, using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.
Finally, the Regulation of Providers of Building Works Bill 2022 is currently being debated in the Oireachtas and is expected to be enacted in H1 2022. This legislation will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the general public by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. The legislation will require providers of building services to register with the appointed statutory body. This will apply to entities or individuals who hold themselves out for consideration as a provider of building works for both residential and non-residential buildings that are subject to the Building Regulations.
240. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the steps that he is taking to encourage local authorities to restrict their usage of glyphosate. [25577/22]
Amharc ar fhreagraThe Department of Agriculture, Food and the Marine is the responsible body for authorisation of glyphosate to the market including providing general use guidelines.
Local authorities are entirely independent corporate entities having full responsibility under law for the performance of their functions. Local authorities perform functions across a wide range of sectors which come within the remit of a number of different Departments and central agencies.
My Department has no role in advising local authorities on their usage of glyphosate.
