Written Answers Nos. 337-352
337. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the reason his Department has spent €172 million less on the capital side than was profiled in the November Exchequer figures. [52832/13]
View answer340. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government of the €172 million in capital funding recorded as not spent under the expenditure profile at end November in the most recent analysis of gross Voted expenditure Exchequer figures, the reason for the underspend; if he will provide a breakdown of the capital projects or outlays that have not commenced as yet, as per the profile; if any of the €107.2 million in total capital carryover in Government moneys for 2012 relates to his Department; the amount of same; if it has been spent; on what it has been spent; and if he will make a statement on the matter. [52947/13]
View answerI propose to take Questions Nos. 337 and 340 together.
My Department is responsible for a wide range of capital programmes, including in the areas of housing, water services, environmental protection, local government services, and community and rural development. The Revised Estimates for Public Services 2013, published by the Department of Public Expenditure and Reform earlier this year, provide for gross capital expenditure of €726 million in respect of my Department in 2013. At the end of November, capital spending by my Department was behind the profile established earlier in the year. Expenditure under the Water Services Investment Programme in 2013 has been less than anticipated due to slower than expected progress on water services capital projects during the year; work on the implementation of the Water Sector Reform Programme, in particular on the establishment of Irish Water, has required considerable input from the local authorities and this has impacted on the progress of the Programme. In addition, drawdown by local authorities of housing funding has been slower than expected.
I expect that there will be some further expenditure under the water, housing and other capital programmes before year end. Consideration is being given, in consultation with the Department of Public Expenditure and Reform, to the appropriate use of potential savings arising on the Vote. Finally, of the total of €107.2 million in capital carryover funding from 2012 across Government Departments, €43 million in additional funding has been made available to my Department for investment in the Housing (€22m), Environment and Waste Management (€10m), Local Government (€2m) and Community and Rural Development (€9m) programmes. To end November, €35.5m of the allocated €43m has been invested in these programmes.
338. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has given any consideration to any potential means of alleviating the financial burden placed on those who are required to prepare EIS/ EIA in order to comply with planning; and if he will make a statement on the matter. [52856/13]
View answerThe requirement on a developer to submit to the competent authority information in relation to the likely impacts on the environment of a proposed development arises from the Environmental Impact Assessment (EIA) Directive (codified Directive 2011/92/EU). Article 5 of the Directive requires the developer to submit the information specified in Annex IV of the Directive relating to the specific characteristics of a particular project and it s likely environmental impacts.
In October 2012 the European Commission brought forward proposals for an amended EIA Directive, intended to streamline the current Directive, and to ensure - among other things - that unnecessary environmental impact assessments are eliminated through a more comprehensive screening process, and that only information directly relevant to the project need be supplied by the developer. The proposals for an amended EIA Directive are currently the subject of negotiations between the Council and the European Parliament. If and when the amending Directive is adopted, any necessary consequential changes to Irish planning legislation and guidelines will be made.
339. Deputy Michael P. Kitt asked the Minister for the Environment, Community and Local Government the progress that is being made on the sewerage scheme for Kinvara town, County Galway; and if he will make a statement on the matter. [52925/13]
View answerThe Kinvara Sewerage Scheme is included as a Network Contract and a Waste Water Treatment Plant Upgrade contract to start in my Department’s Water Services Investment Programme 2010 – 2013. My Department approved Galway County Council’s Design Review Report for the scheme in January 2012. I understand that the Council is currently preparing Contract Documents for the scheme.
341. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the steps he has taken in relation to utilising the Priory Hall model of resolution for unlivable domestic units across other examples as may arise in the State; and if he will make a statement on the matter. [52965/13]
View answer343. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he is willing to establish a mediation process unit that will deal with cases of unlivable domestic units due to construction failings by bringing together the parties involved to find a mutually acceptable proposal; and if he will make a statement on the matter. [52967/13]
View answerI propose to take Questions Nos. 341 and 343 together.
The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on:
- clear legal standards as set out in the Building Regulations;
- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;
- the burden and responsibility for compliance resting first and foremost with developers/builders;
- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and
- the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities.
Remediation of defects is a matter between the parties concerned, the owner and the builder/developer and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered.
Given that a clear statutory framework is in place, I have no proposals for the introduction of a mediation service along the lines suggested. My Department continues to liaise with local authorities in relation to significant building control issues that have arisen in a number of multi-unit developments across the country, including those instances raised in the question. In this regard, local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings, and have successfully used such powers to deal with a number of instances of non-compliance.
I have also amended the Building Control Regulations to require, in respect of building projects commencing on and from I March 2014, lodgement of design documentation, inspections during construction, overseen by registered construction professionals, and certificates of compliance signed by designers, builders and assigned certifiers. The new regulations are designed to ensure that competence and professionalism become part and parcel of building projects generally and will lead to a new era of quality in our construction industry and ensure that the legacy of defective buildings seen in recent years will not recur.
342. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has undertaken any investigations into the Riverwalk development, Ratoath; and if he will make a statement on the matter. [52966/13]
View answerAs part of the process of preparing the National Housing Development Survey 2011 and 2012 local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories in the 2011 survey as follows:
- Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist;
- Category two, where a receiver has been appointed;
- Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and
- Category four, where the development has been effectively abandoned and is posing serious problems for residents.
The 2012 categorisation methodology for the survey was different to that which was used in 2011. That earlier categorisation related largely to the level of on-site activity at the time the 2011 survey was carried out and had less to do with the physical character of a development. The 2012 survey was based purely and objectively on the actual state of completion of a development. Only developments that were deemed by local authorities to be in a "seriously problematic condition", regardless of whether a developer was on or off site, were included.
No estate called ‘Riverwalk’ in Ratoath was identified as falling under any of the above categories in either the 2011 or 2012 survey. Each local authority has a nominated Unfinished Estates official whose contact details are on www.housing.ie and queries regarding the status of relevant developments should, in the first instance, be directed to the relevant local authority.
344. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if local authorities are responsible for dealing with rodent control or if tenants are responsible (details supplied); and if he will make a statement on the matter. [53014/13]
View answerUnder Section 58 of the Housing Act 1966, the management and maintenance of the local authority housing stock, including the compilation and implementation of on-going maintenance programmes and the carrying out of responsive repairs or alterations to rented properties, is a matter for individual authorities. It is unclear as to whether the problem referred to is due to the structural condition of the dwelling or to household influences. I have no function with regard to determining responsibility in this instance.
345. Deputy Dara Murphy asked the Minister for the Environment, Community and Local Government the progress that has been made to date on a review of Part V of the Planning Act in relation to equal property ownership rights of affordable homes; and if he will make a statement on the matter. [53041/13]
View answerThe Government’s 2011 housing policy statement announced the standing down of all affordable housing schemes, including the shared ownership scheme, in the context of a full review of Part V of the Planning and Development Act. Details regarding the review are available on my Department’s website www.environ.ie and the period for public submissions closed on 27 September 2013. Submissions from a variety of interested parties were received in my Department and are currently undergoing consideration. The input and feedback provided as part of the consultation process is very welcome, and will serve to inform future policy in this area. I expect to be in a position to formulate future policy approaches and actions in this regard early in 2014.
347. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he has set up a departmental recording system for all the data collected by all local authorities to establish the basis for the analysis of the implementation of the Dog Breeding Establishments Act 2010, whose purpose was to ensure the control of dog breeding establishments and the enforcement of dog welfare in these establishments; as the issue of dog welfare in dog breeding establishments is an issue for two Departments, the action he will take to ensure that the guidelines for procedures for the enforcement of the welfare provisions in the Dog Breeding Establishments Act 2010 will be worked out with the Department of Agriculture, Food and the Marine to assist the local authorities in carrying out their duties under the Act. [53060/13]
View answerThe implementation of the Dog Breeding Establishments Act is a matter for local authorities, who also hold information in relation to dog breeding establishments registered with them. My Department publishes data annually concerning the dog control functions of local authorities, including information on the number of dog breeding establishments registered by each local authority.
The issue of defining standards for dog breeding establishments is a matter for my Department and the local authorities. Dog Breeding Establishment Guidelines were published by my Department to coincide with the commencement of the Dog Breeding Establishments Act on 1 January 2012. These Guidelines cover, inter alia, welfare issues relating to the implementation of the Act.
My Department has regular contact with the Department of Agriculture, Food and the Marine concerning dog control and related issues. Both the data published by my Department concerning dog control functions and dog breeding establishments, as well as the Guidelines regarding the welfare of dogs in dog breeding establishments, are available at http://www.environ.ie/en/LocalGovernment/DogControl.
348. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 109 of 4 December 2013, if he will provide a breakdown of the grades and numbers for each employee and the salary scale for each; and if he will make a statement on the matter. [53097/13]
View answerI refer to the reply to Questions Nos. 109 and 120 of 4 December which states that t he recruitment of staff is a matter for Irish Water. The information requested is not available in my Department.
349. Deputy Dara Murphy asked the Minister for the Environment, Community and Local Government if there are currently any pending requests for the remainder of the funding allocated to Cork City Council for the housing adaptation grant scheme for older people and people with a disability for 2013, as only €1,438,536 has thus far been drawn down, leaving a remainder of €53,064; and the deadline to apply for this available money. [53147/13]
View answerCork City Council have advised my Department that a recoupment claim for the balance of the 2013 allocation under the suite of Grants for Older People and People with a Disability will be submitted very shortly.
350. Deputy Michael McGrath asked the Minister for Justice and Equality if he will provide in tabular form the number of court actions for home repossessions commenced by financial institutions in each month since the beginning of 2012; and if he will make a statement on the matter. [52893/13]
View answerI wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they do not compile the data in the format requested by the Deputy. Court statistics in respect of court possessions are collected on a quarterly basis. The details are set out in the following tables.
High Court 2012
|
- |
Quarter 1 |
Quarter 2 |
Quarter 3 |
Quarter 4 |
|
New cases initiated for possession of lands/premises |
99 |
60 |
64 |
47 |
|
Number of orders for possession granted |
60 |
64 |
33 |
41 |
High Court 2013
|
- |
Quarter 1 |
Quarter 2 |
Quarter 3 |
|
New cases initiated for possession of lands/premises |
136 |
62 |
77 |
|
Number of orders for possession granted |
28 |
26 |
17 |
Notes
*All actions in the High Court were commenced by Financial Institutions
**Statistics for the High Court for the last quarter 2013 are not yet compiled, however, statistics for October and November 2013 show that 39 new cases were initiated between the 1st October and the 30th November 2013.
***Statistics for the High Court are not broken down according to the type of property, they could relate to family homes, factories, farms or building sites.
Circuit Court 2012
|
- |
Quarter 1 |
Quarter 2 |
Quarter 3 |
Quarter 4 |
|
Number of orders for possession granted |
86 Residential:71 Non –Residential:15 |
55 Residential: 50 Non –Residential: 5 |
44 Residential: 39 Non –Residential: 5 |
73 Residential: 69 Non –Residential:4 |
Circuit Court 2013
|
- |
Quarter 1 |
Quarter 2 |
Quarter 3 |
|
Number of orders for possession granted. |
95 Residential: 82 Non –Residential:13 |
96 Residential: 87 Non –Residential:9 |
49 Residential: 48 Non –Residential:1 |
Notes
*Statistics in respect of the number of cases commenced/initiated are not available from the Circuit Court
**Not all orders granted in the Circuit Court were granted to Financial Institutions.
**Statistics in respect of the Circuit Court for the last quarter 2013 are not yet compiled.
352. Deputy Finian McGrath asked the Minister for Justice and Equality the strategies the Garda is using to combat break-ins in Dublin 17 and the selling of stolen goods to gold shops; and if he will make a statement on the matter. [52522/13]
View answerI am informed by the Garda authorities that the area referred to is in the Coolock Garda District and that local Garda management closely monitor the incidence of burglary in the area and put in place appropriate responses. In that regard I am further informed that Garda data shows a decrease in burglaries in the Coolock Garda District, which includes Dublin 17, in line with the national trend. As the Deputy may be aware the latest crime statistics show that the rate of burglary has decreased by 8.9% nationally for twelve months ending 30 June 2013 and this underlines the impact being made by Gardaí under Operation Fiacla. As part of the measures which are coordinated under Operation Fiacla, Operation Acer is in force throughout the Dublin Metropolitan Region, including Coolock. It is an intelligence driven operation and includes analysis led checkpoints and patrols to target specific areas and case manage targeted offenders. These arrangements are kept under review to ensure adjustments are made to maintain the effective focus of the operation.
Operation Acer operates alongside ongoing community policing measures, including problem solving with the community and providing crime prevention advice and assistance to victims of burglary. In this regard I am advised that a recent crime prevention leaflet drop in the area has been well received in the community. There is also full engagement with local Neighbourhood Watch and other community groups in the area.
Insofar as the question of the sale of stolen gold as referred to by the Deputy is concerned, I am informed by the Garda authorities that, where outlets or businesses trading in gold are identified, Gardaí conduct enquiries to establish their bona fides, and where there are suspicions of criminality the matter is fully investigated and the appropriate action taken. The Deputy will also be aware that in June 2012 I published a report on the criminal justice aspects of the cash for gold trade. The Report prepared by my Department is available on www.justice.ie. I requested the Joint Oireachtas Committee on Justice, Equality and Defence to consider the content of the report, to ensure that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest. I received the Committee's response on 30 May 2013, and it is currently under consideration.
