Written Answers Nos. 213-245
213. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage to provide an update on the Marine Protected Areas Bill 2022; when he anticipates this Bill will be published; and if he will make a statement on the matter. [37330/24]
View answer228. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage his views on whether there is sufficient time left in the 33rd Dáil to enact a Marine Protected Areas Bill 2022 that is sufficiently robust to ensure Ireland meets its international obligation of 30% of Irish seas designated as marine protected areas by 2030; whether he can explain the delays in his Department in bringing this Bill forward; and if he will make a statement on the matter. [37424/24]
View answerSubstantial progress has been made on drafting the Marine Protected Areas (MPA) Bill. Given its potential impact, both as environmental protection legislation and on marine stakeholders, it requires careful drafting. It is a complex Bill, with ongoing legal advice required throughout the drafting process.
An initial comprehensive draft of the MPA Bill was produced in late May this year. However, some issues arose in the process of interdepartmental consultation which require further consideration. An agreement was reached with the Minister for the Environment, Climate and Communications and the Minister for Agriculture, Food and the Marine to establish an interdepartmental drafting group to address the issues arising. This group worked over the summer period and further drafting instructions have been issued to the Office of the Parliamentary Counsel. I recognise that the Office will need to consider these instructions carefully and it is not excluded that further points of clarification or questions will emerge.
I intend to try to get this Bill published in the lifetime of this Government.
With respect to the 30% target by 2030, it should be noted that, under the Birds and Habitats Directives, the National Parks and Wildlife Service has increased the Natura Network of Protected Areas in the marine from 2.3% at the outset of this Government to almost 10%.
A marine advisory group has also been established, which is a high-level scientific group, that has overseen the ecological sensitivity analyses of the Irish Sea and Celtic Sea. These were published in 2023 and 2024 respectively. In each case, these comprehensive analyses consisted of scientific evaluation, which is critically important to the MPA processes, resulting in the identification of potentially suitable areas for future protection as MPAs. It is hoped that this initiative should support timely designations once the Bill has been enacted.
214. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the reason graduates from private and independent higher education institutions in Ireland, specifically those awarded QQI, HETAC, and NCEA degrees, have been excluded from the Seanad Electoral (University Members) (Amendment) Bill 2024, when the Bill is designed to extend the franchise to a broader range of graduates; if he will consider amending the Bill to ensure inclusivity for all degree graduates who have contributed to Ireland's higher educational landscape; and if he will make a statement on the matter. [37383/24]
View answer215. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage the reason graduates from private and independent higher education institutions in Ireland, specifically those awarded QQI, HETAC, and NCEA degrees, have been excluded from the Seanad Electoral (University Members) (Amendment) Bill 2024, when the Bill is designed to extend the franchise to a broader range of graduates; and if he will consider amending the Bill to ensure inclusivity for all degree graduates who have contributed to Ireland's higher educational landscape. [37512/24]
View answer226. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if graduates from private and independent higher education institutions in Ireland, specifically those awarded QQI, HETAC, and NCEA degrees, are to be excluded from the Seanad Electoral (University Members) (Amendment) Bill 2024, when the Bill is designed to extend the franchise to a broader range of graduates; and if he will make a statement on the matter. [37372/24]
View answer227. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage the reason graduates from private and independent higher education institutions in Ireland, specifically those awarded QQI, HETAC, and NCEA degrees, have been excluded from the Seanad Electoral (University Members) (Amendment) Bill 2024, when the Bill is designed to extend the franchise to a broader range of graduates; if he will consider amending the Bill to ensure inclusivity for all degree graduates who have contributed to Ireland’s higher educational landscape; and if he will make a statement on the matter. [37392/24]
View answer232. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the reason graduates from private and independent higher education institutions in Ireland, specifically those awarded QQI, HETAC, and NCEA degrees, have been excluded from the Seanad Electoral (University Members) (Amendment) Bill 2024, when the Bill is designed to extend the franchise to a broader range of graduates; if he will consider amending the Bill to ensure exclusivity for all degree graduates; and if he will make a statement on the matter. [37567/24]
View answerI propose to take Questions Nos. 214, 215, 226, 227 and 232 together.
The Government recently approved the text of the Seanad Electoral (University Members) (Amendment) Bill 2024 and I expect the Bill to be published shortly. The provisions in the Bill respond to the Supreme Court decisions last year which found that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937 were unconstitutional because they were not consistent with Article 18.4.2 of the Constitution, as amended. The Court deemed that the manner in which the proposal to amend Article 18.4.2 of the Constitution was framed and put to the people by way of referendum indicated that it required some action to subsequently amend the rules on the franchise for electing university members.
The proposals in the Bill provide for a new six-seat Higher Education constituency, to elect the Seanad’s six University members. It is proposed that this constituency will replace the two existing three-seat constituencies: the National University of Ireland (NUI) constituency and the Dublin University constituency. The Bill proposes that the eligibility criteria for being an elector of the Higher Education constituency would be as follows: a person shall be (i) aged 18 years or more (ii) an Irish citizen and (iii) a graduate of the NUI, University of Dublin or a designated institution of Higher Education as defined by Section 53 of the Higher Education Authority Act 2022, with each elector limited to one vote.
The Higher Education Authority Act provides for a process whereby higher education institutions not currently designated can in future apply for designation.
216. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage given that The National Parks and Wildlife Service, Invasives Ireland, the National Biodiversity Data Centre and the report of the Citizens Assembly on Biodiversity Loss all classify cherry laurel as a high-impact invasive species, and Coillte has identified it as a significant threat to biodiversity, if he will commit to formally recognise and regulate it as invasive in the near future [37269/24]
View answer217. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage why, despite the European Union (Invasive Alien Species) Regulations 2024 having strengthened Ireland’s provisions on invasive species, Article 50 of the European Communities (Birds and Natural Habitats) Regulations 2011 remains unenacted, given the importance of this article for addressing invasive species at a national level; if he will provide a detailed explanation for the Government's decision not to enact it, and how the 2024 regulations fill this gap. [37270/24]
View answer218. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage in the context of delaying the enactment of Article 50 of the European Communities (Birds and Natural Habitats) Regulations 2011, whether he has considered the European Union's long-standing practice of allowing trade restrictions and derogations to protect biodiversity; and if this has been factored into the recent updates to the invasive species regulations. [37271/24]
View answer219. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage given that cherry laurel is not currently listed as an invasive species under the 2024 regulations, whether he has applied the precautionary principle, as required under European Union law, when making this decision; if not, to explain the rationale for not using this principle, especially in light of cherry laurel's widely recognised impact on native habitats. [37272/24]
View answer233. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will commit to formally recognising cherry laurel as an invasive species and regulate it in the near future (details supplied). [37572/24]
View answer234. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will provide a detailed explanation for the Government's decision not to enact Article 50 of the European Communities (Birds and Natural Habitats) Regulations 2011; and the way the 2024 regulations fill this gap (details supplied). [37573/24]
View answer235. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage in the context of delaying the enactment of Article 50 of the European Communities (Birds and Natural Habitats) Regulations 2011, if he has considered the EU's long-standing practice of allowing trade restrictions and derogations to protect biodiversity given that EU case law supports such restrictions when justified by environmental protection; and if this been factored into the recent updates to the invasive species regulations. [37574/24]
View answer236. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage given that cherry laurel is not currently listed as an invasive species under the 2024 regulations, if he has applied the precautionary principle, as required under EU law, when making this decision; if not, the rationale for not using this principle, especially in light of cherry laurel's widely recognised impact on native habitats. [37575/24]
View answerI propose to take Questions Nos. 216, 217, 218, 219, 233, 234, 235 and 236 together.
I refer to the reply to Question No. 859 of 9 September 2024 which sets out the position in this matter.
220. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage the assistance available to a group water scheme (details supplied); and if he will make a statement on the matter. [37278/24]
View answerMy Department's Rural Water Programme provides support to group water schemes through capital funding under a multi-annual programme as well as an annual subsidy for their operational and management costs of providing water for domestic needs.
Each local authority has a Rural Water Liaison Officer who is responsible for the day to day management of the Rural Water Programme. The officer is best placed to provide information on the assistance available to the group water scheme named in the details supplied and can be contacted at the Rural Water Section of Limerick City and County Council.
221. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of times his Department has met with the Central Statistics Office over the past 12 months; and if he will make a statement on the matter. [37296/24]
View answerThe information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.
222. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of meeting requests his Department has received from the Central Statistics Office over the past 12 months; and if he will make a statement on the matter. [37297/24]
View answerThe information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.
223. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage to review correspondence (details supplied); if the drop in the European Central Bank interest rate will be applied accordingly to the local authority home loan scheme; and if he will make a statement on the matter. [37302/24]
View answerThe Local Authority Home Loan is a Government backed mortgage scheme for creditworthy applicants who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build.
Local authorities borrow from the Housing Finance Agency to finance their lending under the Local Authority Home Loan scheme. While administratively it is my Department that instructs local authorities to change interest rates, this instruction generally reflects changes in the cost of finance from the Housing Finance Agency, as by law the interest rate charged cannot be below the cost of finance from the Housing Finance Agency.
The interest rate for the Local Authority Home Loan is not directly linked to the European Central Bank refinancing rates. That said, as the cost of finance to the Housing Finance Agency is determined by the cost of finance on international markets, the monetary policy decisions of the European Central Bank do ultimately have an influence. However, it is not possible to give guidance as to when and by how much interest rates for the Local Authority Home Loan may change.
The current interest rate charged to new borrowers for loans drawn down is as follows:
• For mortgages up to 25 years the interest rate to be applied is 4%
• For mortgages over 25 and up to 30 years the interest rate to be applied is 4.05%
Further information on the Local Authority Home Loan Scheme can be found at localauthorityhomeloan.ie/
224. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if the Planning and Development Bill 2023, when enacted, will give an exemption to a farmer to lay a watermain in to service a water trough; and if he will make a statement on the matter. [37359/24]
View answer225. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if the Planning and Development Bill 2023, when enacted, will give an exemption to a group water scheme laying a water main where the works are funded under the multi-annual water programme; and if he will make a statement on the matter. [37360/24]
View answerThe Planning and Development Bill 2023 is currently before the Oireachtas and is due to be enacted in October.
A parallel programme to update the associated secondary legislation is currently underway and new regulations will be made under the enacted Bill that will repeal and replace the existing Planning and Development regulations. The introduction of the new regulations will coincide with the phased commencement of the enacted Bill, which is anticipated to take place over a period of approximately 18 months following enactment to allow the planning system to embed the changes contained therein.
In tandem with the enactment of the Bill and its subsequent commencement, I will be bringing exempted development regulations before the Oireachtas in accordance with the provisions of the Bill, currently set out in section 4(4) and section 9 of the Bill
Prior to finalising and laying of draft regulations before the Houses of the Oireachtas, a public consultation will be held on the classes of development currently exempted under the Planning and Development Regulations 2001, as amended. This will assist in informing the process of reviewing the classes of exempted development going forward and amending those classes where appropriate, in line with proper and sustainable development and adherence to other legislative requirements, such as environmental legislation in relation to Environmental Impact Assessment or Appropriate Assessment.
It is intended to hold this public consultation before the end of 2024 and any member of the public will be able to make submissions, including in relation to specific classes of water infrastructure for consideration.
229. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of residential units that have received planning permission with conditions restricting the bulk buying or multiple sales to a single purchaser and ring-fencing them for owner occupiers since May 2021, by each local authority, in tabular form. [37480/24]
View answerHowever, in May 2024, the Chief Executives of all 31 Local Authorities and the Chairperson of An Bord Pleanála provided an estimate of permitted residential units with a planning condition attached to prevent multiple sales of housing to a single purchaser. Since May 2021, a combined total of 49,828 residential units were estimated to have received planning permission with conditions restricting the bulk buying or multiple sales to a single purchaser. Overall, this is an increase of 9,001 since the last count at the end of November 2023. There was no record of any enforcement action in relation to the condition. This suggests a full compliance to date.
In May 2021, conscious of the need to increase stock for home ownership, the Government introduced a series of measures designed to prevent the bulk buying of houses and duplexes. Apartments were not included in this measure. The Section 28 Guidelines for Planning Authorities “Regulation of Commercial Institutional Investment in Housing” aimed to prevent multiple housing and duplex units being sold to a single buyer. These guidelines aim to provide an ‘owner-occupier’ guarantee by ensuring that new ‘own-door’ houses and duplex units in lower-density housing developments can no longer be bulk-purchased by institutional investors in a manner that causes the displacement of individual purchasers or social and affordable housing, including cost-rental.The Guidelines included policy direction that a new form of condition should be attached to applicable new planning permissions, to the effect that all houses and duplexes would have to be made available for sale and for first occupation by separate, individual households for a period of two years after completion of the home (in the case of mixed developments, the provision only applies to the houses and duplex units and not apartments). The approach set out in the Guidelines does not apply to housing to be provided for social or affordable purposes from this requirement; and if, after a period of two years, the local authority is satisfied that despite reasonable efforts, a market has not emerged, the condition will lapse.
230. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage his plans to tackle rising rents across counties Roscommon and Galway; and if he will make a statement on the matter. [37490/24]
View answerThe Residential Tenancies Board (RTB) was established as quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004-2024 (RTA) to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
The RTB published the Q1 2024 Rent Index on 12 September 2024. The quarterly index tracks price developments in the Irish rental market over time and is based on RTB tenancy registration data that is independently analysed by the Economic and Social Research Institute (ESRI). The quarterly Rent Index provides the most accurate picture of how average rents are changing for new and existing tenancies in Ireland. The figures published compare the standardised average rent for all new and existing tenancies registered in Q1 2024 with a similar but not identical sample of all tenancies registered in the previous quarter and in Q1 2023.
As part of the RTA, the Planning and Development (Housing) and Residential Tenancies Act 2016 taking account of the constitutionally protected property rights of landlords, introduced a targeted Rent Predictability Measure to moderate rent increases in those parts of the country where rents are highest and rising fastest. Rent controls are applied on the basis of the objective evidence available via the RTB Quarterly Rent Index Report. Currently, 82% of tenancies across the country are subject to rent controls.
The Administrative Area of Galway County Council was designated as a RPZ on 12 September 2024, and therefore is subject to rent controls.
The data from the Rent Index Report for Q1 2024 relating to the local electoral areas (LEA) of County Roscommon is detailed in the table below:
|
Local Electoral Area (LEA) |
Quarters >7% |
Standardised Average Rent in New Tenancies |
Standardised Average Rent in Existing Tenancies |
|
Boyle |
4 |
€943 |
€770 |
|
Roscommon |
5 |
€945 |
€848 |
|
Athlone |
* |
* |
€1,107 |
*Note: indicates that rents in areas with fewer than 30 observations are not published for statistical reasons.
While the LEA of Roscommon has had five quarters and Boyle LEA has had four quarters of rent increases above 7%, the Standardised Average Rents for these LEA’s have not risen above the Non-GDA Standardised Average Rent in New Tenancies of €1,235, thereby not satisfying the criteria for designation as an RPZ at this time.
The Housing Agency and the RTB continue to monitor national rents and if any LEA in County Roscommon meets the designation criteria, it will be designated as a RPZ.
To address the rent affordability challenges building on foot of the unexpectedly fast rising inflation rate, as recorded by HICP, the Residential Tenancies (Amendment) Act 2021 provides, from 11 December 2021, a cap of 2% per annum pro rata on rent increases in RPZs, where the inflation rate is higher. In effect, this will mean that rents in RPZs may only increase by a maximum of 2% per annum pro rata during times of higher inflation. In all cases, section 19(1) of the Residential Tenancies Acts 2004-2024 prohibits the setting of a rent that exceeds market rent.
The Government’s Housing for All plan is focused on tackling supply and affordability issues, including those in the rental market. The plan contains targets, actions and guaranteed State investment in housing aimed at increasing supply, which in turn will help increase access to affordable rental housing.
Budget 2024 sees the tax credit for renters increase to €750 and allocated €5.1 billion of funding to continue the vital work in progress under Housing for All and supports extra supply coming on stream. This includes affordable Cost Rental homes which are coming onto the market, some of which have been advertised at rates that are 40% to 50% lower than market rent. Hundreds of Cost Rental homes have been tenanted in less than 12 months.
Where a tenant is unsure as to the validity of a Notice of Rent Review served, he or she may refer the matter to the RTB for dispute resolution under Part 6 of the Acts, with redress available to the tenant and may include a direction to pay a refund of any unlawful rent amount paid and an amount of damages. For those landlords who are not in compliance with RPZ requirements, the RTB have stated that, as a priority they will be communicating with these landlords in an effort to bring them into compliance. Furthermore, the RTB has stated that it will be using its full powers to investigate and sanction non-compliant landlords, where it is deliberate and ongoing.
Since July 2019, the RTB is empowered under Part 7A – Complaints, Investigations and Sanctions – of the Residential Tenancies Acts to investigate improper conduct by landlords and to impose sanctions, where appropriate. The RTB has the power to impose sanctions if improper conduct by a landlord is found to have occurred, ranging from a formal written caution and/or a fine of up to €15,000 and/or costs up to €15,000.
231. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if the tenant-in-situ scheme has been paused in Mayo; if he is familiar with a case (details supplied); and if he will make a statement on the matter. [37513/24]
View answerUnder Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).
Social Housing is delivered through a range of local authority and Approved Housing Body (AHB) delivery programmes across the build acquisition and lease delivery streams.
For 2023 and 2024, the Government agreed that there would be increased provision for social housing acquisitions and my Department provided funding for local authorities to acquire 1,500 social homes. The additional acquisitions have primarily focused on properties where a tenant is in receipt of social housing supports and has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter in March 2024, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2024.
In 2023 Mayo County Council purchased a total of 26 homes, exceeding their original target of 15. For 2024, the Council has been provided with an allocation for 30 acquisitions and provisional data submitted indicates a strong performance again this year.
It is a matter for individual local authorities to identify suitable acquisitions in line with local circumstances and their social housing allocations policy. Local authorities take appropriate steps to ensure that their first response will be to support households to try to prevent homelessness in cases where tenants have been served with a notice of termination by their landlord. It is important to acknowledge that the Tenant in Situ scheme has been a key measure in preventing homelessness and as such has mitigated such impacts for many households.
My Department publishes comprehensive programme level statistics on a quarterly basis on social and affordable housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority, including completed acquisitions. From 2023, this data includes a breakdown of acquisitions completed by each local authority where a Notice of Termination issued to a tenant and is available, for all local authorities, to the end of Quarter 1 2024 on the statistics page of my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/.
237. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the total number of freedom of information requests submitted to his Department in 2022, 2023 and to date in 2024; the total number of such requests that were rejected in their entirety; and if he will make a statement on the matter. [37599/24]
View answerThe table below sets out the number of Freedom of Information requests submitted to my Department in the years 2022, 2023 and in 2024 to date. The table also sets out the number of requests refused and deemed invalid for each of the years 2022, 2023 and 2024 to date.
|
Year |
Number of FOI requests received |
Number of requests refused* |
Invalid requests** |
|
2022 |
542 |
109* |
51 |
|
2023 |
569 |
145* |
53 |
|
2024 |
398 |
78* |
28 |
*Request Refused: refers to FOI requests where the decision was to refuse in full. The figure here represents the FOI requests both received and refused in the same calendar year.
** Submitted requests did not comply with FOI Act and were deemed invalid.
In line with the Freedom of Information Act, Code of Practice and Publication Scheme, my Department publishes a disclosure log of Non Personal FOI requests on a quarterly basis. The logs are available at: www.gov.ie/en/collection/24ae9-foi-request-logs/.
Details of the Non Personal FOI requests responded to, including a description of the request, the origin of the request and the decision, are contained in the logs.
238. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if the serviced site funding which was approved in principle by his Department in 2021 to Fingal County Council for €10,478,400 in Ballymastone, Donabate has been drawn down by the planning authority; and if he will make a statement on the matter. [37773/24]
View answerFunding approval-in-principle of €10.5m approximately is in place under the Serviced Sites Fund (SSF) towards the provision of enabling infrastructure by Fingal County Council to facilitate the delivery of 238 affordable homes at Ballymastone, Donabate between 2024 and 2028.
89% of the above SSF funding will be met by the Exchequer through my Department's Vote with the remaining 11% made up by a Local Authority contribution.
Final approval and drawdown of funds for this project, at the appropriate time, will be subject to confirmation that all relevant SSF requirements have been met, not least in relation to the affordable homes being made available to eligible purchasers at a discounted price at least 15% below their open market values.
When the Affordable Housing Fund replaced the Serviced Sites Fund, local authorities were informed that applications could be made to the Affordable Housing Fund for SSF approved projects and, if approved, AHF support could replace SSF approvals. This option remains open to Fingal County Council to support the delivery of affordable homes in Ballymastone.
My Department liaises with Fingal County Council on an ongoing basis in relation to funding and other arrangements relevant to its overall affordable delivery programme, including the Ballymastone project, which I understand continues to progress to plan.
239. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage the projects and programmes with his Department which have been allocated funding under the EU's Recovery and Resilience Programme; the funds drawn down to date in each instance; the profiled drawdown in each of the forthcoming years of the programme; the steps he is taking to ensure that projects and programmes are completed within the specified timeframe; and if he will make a statement on the matter. [37790/24]
View answerMy Department is responsible for two Recovery and Resilience projects under the EU’s Recovery and Resilience Programme.
Uisce Éireann’s River Basin Management Plan Enhanced Ambition Programme has been allocated €20 million under Ireland’s National Recovery and Resilience Plan 2021. This funding is managed centrally by the Department of Public Expenditure, NDP and Reform. My Department monitors the milestones and targets of this project, which include the upgrade of 10 small wastewater treatment plants, the monitoring of biological and physiochemical indicators in 20 selected sites and feasibility studies on at least 20 wastewater treatment plants. More information can be found on Uisce Éireann's website linked here
My Department is also responsible for the Reform project Increasing the Provision of Social and Affordable Housing. This project has no funding associated with it; however, the milestones and targets, which include the establishment of the Land Development Agency (LDA) as a commercial State Body, homes made available for sale through the Affordable Purchase Scheme and the First Home Shared Equity Support Scheme, and homes delivered under the Cost Rental Scheme have to be achieved, to enable Ireland to access its allocation under the Recovery and Resilience Facility.
240. Deputy Jennifer Murnane O'Connor asked the Minister for Housing, Local Government and Heritage his views on whether it is appropriate that the Residential Tenancy Board (RTB) would wait until the expiry date of a notice of termination, which had been served on a tenant circa nine months previously and notified to the RTB on the same day, to inform the landlord that the notice to vacate was invalid due to a technical issue; his further views on whether it is appropriate that the landlord must now proceed to give the same notice period again to the tenant; and if he will make a statement on the matter. [37808/24]
View answerThe Residential Tenancies Acts 2004 to 2024 regulate the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
All of the RTB's mediators, adjudicators and tribunal members have independent decision-making powers, in the same way as judges have in the courts. Due to the quasi-judicial role of the RTB, it would be inappropriate for me, as Minister or my Department to comment on, or to interfere in, the specifics of any case.
Where there is a question as to the validity of a Notice of Termination, a dispute may be referred to the RTB under Part 6 of the Acts - please see www.rtb.ie for information on the RTB's dispute resolution service.
Complaints directly relating to the quality of the service provided by the RTB should be made in writing (email or letter) to its Quality Customer Service Officer (QCSO). The QCSO can be contacted by email at customer.service@rtb.ie or by letter addressed to the Quality Customer Service Officer, Residential Tenancies Board, PO Box 47, Clonakilty, County Cork.
Full details of the RTB’s complaints procedure is outlined in their Customer Charter and is available to download from their website at:
www.rtb.ie/about-rtb/governance/customer-charter .
241. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if he intends to act on the recommendations of the recent Law Reform Commission's report on proposed reforms to the compulsory purchase order process; if he agrees that reform in this policy area is urgent in an effort to tackle dereliction; and if he will make a statement on the matter. [37872/24]
View answerThe Planning and Development Bill 2023 includes provisions in relation to Compulsory Purchase Order (CPO) powers for local authorities. The provisions replicate the provisions in the Planning and Development Act 2000. The Act and the Bill both deal with acquisition of the site and the Law Reform Commission (LRC) report deals with the CPO process after the CPO has been confirmed - mainly dealing with the valuation process.
As the LRC report was published while the Bill was being prepared Government made a decision that the CPO provisions in the Bill should reflect those in the current Act and that a more comprehensive review of CPO provisions looking at both the steps up to when the CPO has been confirmed as well as the steps after that should be undertaken and should also take into account the LRC report.
Given the complexity of this area, Government agreed that it would be prudent to not update the CPO provisions as set out in the current Act but to review them in conjunction with the LRC report. As such, any future reform of Compulsory Purchase provisions will be contained in separate legislation.
The Derelict Sites Act 1990 (the Act) imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site. The enforcement and implementation of the provisions of the Act is a matter for individual local authorities.
It is also worth noting that placing sites on the derelict sites register, and collecting levies in respect of those sites, is not the sole mechanism that local authorities apply under the Act in relation to bringing sites back into use. They often engage collaboratively with property owners with a view to necessary works being undertaken to bring sites back into use while also using their powers under the Act to compulsorily acquire derelict sites.
The Vacant Homes Action Plan Progress Report (April 2024) sets out the significant progress that has been achieved across government under objectives contained in Pathway 4 of Housing for All in 2023 and the further steps that will be taken in 2024 to bring more vacant and derelict properties into use as homes.
A copy of the Vacant Homes Action Plan and the related Progress Report can be accessed on my Department’s website at following link: www.gov.ie/en/publication/df86c-vacant-homes-action-plan-2023-2026/
Under the Action Plan, the third round of funding was announced under the Urban Regeneration and Development Fund (URDF), a €150 million revolving fund for local authorities to acquire vacant or derelict properties (residential and/or commercial), using their compulsory purchase powers where necessary and to carry out any associated works needed to de-risk or improve the property to make it more attractive for re-use or sale. The fund will be replenished from the proceeds received from the end use/user, thereby allowing the local authority to establish a rolling programme of acquisitions in order to tackle long term vacancy and dereliction without recourse to borrowing and the associated financial risk. More than 1,200 vacant and derelict properties have now been identified and approved under the scheme and the estimated residential yield from these properties is 5,406 homes.
242. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if he plans to appoint a deputy chief executive in Louth County Council with special responsibility for Drogheda; if he has the express authority to have such appointments made within local authority structures; the details on the legislative or regulatory basis on which a Minister can instruct a local authority to make such internal appointments as referred to; and if he will make a statement on the matter. [37901/24]
View answerUnder Section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he/she is responsible. Local authorities are required to seek sanction from my Department for all new posts above agreed workforce plan levels. I have publicly indicated my support for any such application for a Deputy Chief Executive role which may be made by the local authority.
243. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 388 of 18 September 2024, to detail the 6,200 hectares of development land liable to the tax, broken down by local authority, in tabular form; and if he will make a statement on the matter. [37931/24]
View answerLocal authorities published annual draft Residential Zoned Land Tax maps on 1 February 2024 that identify lands that fall within the scope of the tax, as well as lands which they propose to exclude from the previous year’s annual final maps for 2025. Landowners and other interested parties had until 1 April 2024 to make a submission to the relevant local authority about whether or not land on this annual draft map meets the criteria for being subject to the tax. Further to determinations relating to these submissions and any related appeals to An Bord Pleanála, the maps will be finalised and final maps published on 31 January 2025, in advance of the tax coming into effect on 1 February 2025.
Overall, approximately c.52,000 hectares of land is identified on the draft maps published by all local authorities, which includes land proposed for removal. C.49,300 hectares is land proposed to be retained on the maps. Under the legislation, local authorities are required to publish the total area of land in hectares contained on their maps.
It should be noted however that a significant quantum of the overall land included on the maps is land that is zoned for existing residential development, and where a property is liable for Local Property Tax (LPT), the relevant land is not liable for RZLT. The overall amount of land zoned for ‘new residential’ development which will be subject to activation from the tax is estimated to be approximately c6,200 ha. This figure is based on estimates undertaken by assigning an overall general zoning category to a range of local authority 'new residential' zonings contained in the RZLT draft maps, and accordingly cannot be considered an exact amount, as some local authorities use a wide range of residential zoning types, or they utilise a combined zoning type for existing and new residential development zoning which requires reliance on figures from the core strategy of the development plan to estimate the amount of land. The figure of circa 6,200 ha does not include 'vacant and idle' ‘mixed use’ zoned land which is also in scope for the tax.
In addition to 'new residential' development lands and ‘mixed use’ ‘vacant and idle’ lands, lands zoned for ‘existing residential’ identified on the RZLT draft maps may also provide opportunities for infill and other development. Accordingly, the amount of development land liable to the tax is likely, subject to ongoing processes related to submissions and appeals, to exceed 6,200ha. Further clarity will be available when final maps are published on 31 January 2025.
|
Local Authority |
Estimated amount of ‘new residential’ development lands identified on RZLT draft map published 1 February 2024 (hectares) (average figures) |
|
Carlow County Council |
55 |
|
Cavan County Council |
160 |
|
Clare County Council |
280 |
|
Cork City Council |
205 |
|
Cork County Council |
490 |
|
Donegal County Council |
200 |
|
Dublin City Council |
0 |
|
Dun Laoghaire-Rathdown County Council |
85 |
|
Fingal County Council |
675 |
|
Galway City Council |
120 |
|
Galway County Council |
180 |
|
Kerry County Council |
230 |
|
Kildare County Council |
305 |
|
Kilkenny County Council |
85 |
|
Laois County Council |
155 |
|
Leitrim County Council |
40 |
|
Limerick City & County Council |
300 |
|
Longford County Council |
30 |
|
Louth County Council |
185 |
|
Mayo County Council |
245 |
|
Meath County Council |
325 |
|
Monaghan County Council |
115 |
|
Offaly County Council |
130 |
|
Roscommon County Council |
35 |
|
Sligo County Council |
205 |
|
South Dublin County Council |
175 |
|
Tipperary County Council |
305 |
|
Waterford City & County Council |
145 |
|
Westmeath County Council |
250 |
|
Wexford County Council |
10 |
|
Wicklow County Council |
480 |
|
Total |
C6,200 |
244. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if the voucher scheme run by the Sign Language Interpreting Service and Citizens Information Board can be increased given the scheme only provides individuals with five vouchers per person (details supplied); and if she will make a statement on the matter. [37859/24]
View answerAs you will be aware, Section 9 of the Irish Sign Language (ISL) Act, 2017 assigns responsibility to the Minister for Social Protection to provide funds to facilitate users of ISL to access "social, educational and cultural events and services (including medical) and other activities". This Scheme does not replace the requirements of public bodies under the ISL Act to provide access to ISL for those who need it.
I assigned the implementation of this important responsibility to the Citizens Information Board (CIB), the statutory body under the aegis of my Department, which in turn assigned delivery to its relevant funded company, the Sign Language Interpreting Service (SLIS).
Following a four-month pilot of an "ISL Voucher Scheme" in 2021 by SLIS, supported by my Department and CIB, I was delighted to see the commencement of the Scheme on a permanent basis from 2nd October 2023.
From 1st January to the end of August 2024, SLIS administered 425 vouchers to 339 applicants for ISL interpretation for a variety of activities, such as private medical appointments, private legal meetings, educational and training courses, and events with family, friends and the community.
As stipulated under the Act, SLIS developed Guidelines for the Scheme. As part of this, a Fair Usage Policy was developed to ensure as many eligible people across Ireland as possible can access and benefit from this service. The Fair Usage Policy was also developed given that, like most government funded schemes, the ISL Voucher Scheme has an annual allocated budget.
As part of this policy, users are eligible for a maximum of five vouchers per year. This limit and overall demand are kept under review by SLIS and CIB.From the 1st of January to the end of August 2024, most applicants (219 or 65%) claimed 1-2 vouchers under the Scheme, while demand for the limit of 5 vouchers was significantly less, with 9 applicants or 3% of all users claiming this amount.In terms of short-term training courses or events, I am informed by CIB that there is flexibility shown where possible and one voucher may be used for the entirety of the training. I would encourage anyone with difficulties in this regard to contact SLIS directly.
245. Deputy Brendan Howlin asked the Minister for Social Protection if she will consider awarding a domiciliary care allowance to a person (details supplied) at a date earlier than decided by her Department, having regard to the length of time that the child concerned was awaiting a professional diagnosis, which was only received after a private assessment arranged with the support of a charitable organisation, and who is still awaiting further assessment for ASD; and if she will make a statement on the matter. [37259/24]
View answerWhere an application for Domiciliary Care Allowance (DCA) is successful, DCA is awarded with effect from the first of the month following receipt of the application. However, DCA applications may be backdated in cases where good cause for the delay in making the claim can be shown to the satisfaction of a Deciding Officer or Appeals Officer. The maximum permitted period is governed by legislation and cannot exceed 6 months.
The onus is on applicants to apply for DCA when they consider that the relevant child may meet the qualifying conditions for the allowance. It is open to an applicant to subsequently request a review(s) of any decision and this right is not time limited. If requesting a review of a Deciding Officer's decision, an applicant may forward any further new or additional information and/or relevant documentary evidence such as a diagnostic assessment report(s) or otherwise, that was not previously available with the initial application, for further consideration in the decision and assessment process.
I can confirm that my Department received an application for DCA from the person concerned on 23 April 2024. Following a successful application, DCA was awarded with effect from 1 May 2024, (the month following receipt of application), as per decision dated 21 May 2024.
On foot of the request relating to awarding of the DCA to the applicant from an earlier date, a review of my Department's original decision of 21 May 2024 in relation to backdating was undertaken by a Deciding Officer.
Following a re-examination of their application in respect of the child concerned, based on all available information and documentary evidence, including the further additional information that was provided on behalf of the applicant and having considered the further information and contentions raised, a Deciding Officer decided that a revision of the award date was warranted. As per revised decision dated 19 September 2024, their entitlement has been backdated by 6 months effective to 1 November 2023.
The Deciding Officer allowed backdating of the payment (6 months maximum), as provided for under social welfare legislation, following consideration of the information that was submitted in respect of the good cause for not making the claim at an earlier date.
The person concerned was notified of the above further decision in writing on 19 September 2024.
I hope this clarifies the position for the Deputy.
