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Thursday, 11 Jul 2024

Written Answers Nos. 248-259

National Parks and Wildlife Service

Ceisteanna (248)

Louise O'Reilly

Ceist:

248. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will provide copies of all species control licences issued, and the applications made for these licences, by his Department or the National Parks and Wildlife Service in respect of herring gulls, Greater black-backed gulls and lesser black-backed gulls during the years 2021 to 2024 to date. [30533/24]

Amharc ar fhreagra

Freagraí scríofa

The information sought is not readily available and its compilation would involve a disproportionate amount of time and work.

National Parks and Wildlife Service

Ceisteanna (249, 250)

Louise O'Reilly

Ceist:

249. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will address an issue (details supplied); and if he will make a statement on the matter. [30534/24]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

250. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage whether his Department or the National Parks and Wildlife Service has archived the complete policy file(s) on the 1976 Wildlife Act (details supplied). [30535/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 249 and 250 together.

The Wildlife Act 1976 was sponsored by the Minister for Lands and came into operation on 1 June 1977. The Ministry responsible for nature conservation has moved across a number of Departments of State in the intervening years. The National Parks and Wildlife Service has been part of a number of Departments of State during this time.

My Department is seeking to establish the custody of the files referenced, the extent to which those files have been archived and to ensure that these files are identified, archived and made available for inspection. However, in view of the number of Departments in which these files originated this will take some time to complete.

Question No. 250 answered with Question No. 249.

Wildlife Protection

Ceisteanna (251)

Louise O'Reilly

Ceist:

251. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 266 of 3 October 2023 (details supplied), why wild rabbits are not a protected species. [30536/24]

Amharc ar fhreagra

Freagraí scríofa

The Wildlife Act 1976 is the principal national legislation providing for the protection of native wildlife and the control of some activities that may adversely affect wildlife. The rabbit is not a listed species under the fifth schedule of the Wildlife Act 1976, and therefore not afforded protection under Section 23 of that Act. Other species not listed in the fifth schedule (and therefore not protected) are rat, mice species and fox.

The National Parks and Wildlife Service of my Department is working to review and update wildlife legislation, including the Wildlife Act 1976, the Wildlife (Amendment) Act 2000, the European Communities (Birds and Natural Habitats) Regulations 2011 and related regulations. The review will examine the effectiveness of the legislation in protecting wildlife, preventing biodiversity loss, and regulating activities that adversely impact on wildlife and biodiversity.

The review of the legislation is extensive and will be carried out in a number of phases. The first phase is a public consultation, which launched on 27 June and closes on 13 September. In this phase, views on the overall project are being invited. As proposals emerge, further phases of public consultation will be held.

Full details on the public consultation, the scope of the review of the legislation, and how to make a submission, are available at www.gov.ie/en/consultation/01388-public-consultation-on-review-and-update-of-wildlife-legislation/

Animal Culls

Ceisteanna (252)

Louise O'Reilly

Ceist:

252. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage regarding the OPW’s long-recurring culling programme for the grey squirrel populations in the National Botanic Gardens and other sites (details supplied), if he will he arrange for his Department or the National Parks and Wildlife Service to list the complete criteria applied when adding species to the Third Schedule, under which a wildlife species may be classed as a pest species. [30537/24]

Amharc ar fhreagra

Freagraí scríofa

The National Parks and Wildlife Service (NPWS) of my Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011), both of which deal with invasive alien species.

The Grey Squirrel is already included on Part 2 of the Third Schedule to the 2011 Regulations. It is classed as an invasive alien species of national concern and subject to the restrictions set out in Regulation 49 of the 2011 Regulations.

For convenience, the Schedule can be accessed via the following link:

invasives.ie/app/uploads/2021/10/S.I.477-ThirdSchedule_SppLists_FromSource.pdf

Housing Provision

Ceisteanna (253)

Fergus O'Dowd

Ceist:

253. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the measures that will be undertaken to address the barriers facing people with intellectual disabilities in securing appropriate housing (details supplied); and if he will make a statement on the matter. [30545/24]

Amharc ar fhreagra

Freagraí scríofa

My Department jointly published the National Housing Strategy for Disabled People (NHSDP) 2022-2027 with the Department of Health (DoH) and the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) in January 2022 and the Implementation Plan for the Strategy on 22 June 2023. The Strategy and Implementation Plan may be accessed on my Department’s website at the following link: www.gov.ie/en/publication/60d76-national-housing-strategy-for-disabled-people-2022-2027/

The Implementation Plan sets out 107 Actions to achieve the vision of the joint Strategy for delivering housing and related supports for disabled people to 2027. It supports the primary objective of the Strategy which is ‘to facilitate disabled people to live independently with the appropriate choices and control over where, how and with whom they live, promoting their inclusion in the community’. Accessibility is a key feature running through all of the Actions in the Plan, each of which is assigned to one or more stakeholders.

Housing for All is committed to ensuring that affordable, quality housing with an appropriate mix of housing design types provided within social housing, including universally designed units, is available to everyone in Irish society, including disabled people.

In December 2023, my colleague the Minister for Children, Equality, Disability, Integration and Youth launched the Action Plan for Disability Services 2024 – 2026 which is available at the following link; www.gov.ie/en/publication/70871-disability-action-plan-2024-2026/

My Department is committed to working with the Department of Children, Equality, Disability, Integration and Youth, and the HSE within the framework of the National Housing Strategy for Disabled People 2022-2027 to support them in the advancement of the housing related actions in the Action Plan for Disability services 2024-2026.

Housing Schemes

Ceisteanna (254)

Denis Naughten

Ceist:

254. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage if he plans to allow for the purchase of Part V property by tenants; and if he will make a statement on the matter. [30561/24]

Amharc ar fhreagra

Freagraí scríofa

I refer to my answer to Question No. 430 on 9 July 2024 which sets out the position in this matter.

Public Procurement Contracts

Ceisteanna (255)

Paul Murphy

Ceist:

255. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage how his Department ensures that procurement competitions are run fairly in local Government, and if there is a process for making complaints to the ombudsman about this process when someone is unsatisfied with the outcome. [30593/24]

Amharc ar fhreagra

Freagraí scríofa

My Department does not have direct involvement in executive functions such as procurement, carried out by a local authority. Under Section 149 of the Local Government Act 2001, the Chief Executive of a local authority is responsible for the executive functions of the local authority, and for that purpose to manage and control generally, the administration and business of the authority, subject to law.

My Department works closely with the Local Government Strategic Procurement Centre (LGSPC), which acts as a conduit between the Department, the Local Government Sector and the OGP, and is represented on the LGSPC Programme Board. The LGSPC provides additional supports to local authorities to ensure compliance by the sector in the use of all national frameworks and application of all relevant legislation and circulars relating to procurement. The LGSPC also supports training for SMEs and small/micro business suppliers to improve their engagement with the public procurement process.

Notwithstanding the above, procurement and tendering processes carried out by each local authority, and compliance with procurement rules in relation to the same, are directly a matter for the relevant Chief Executive.

It is my understanding that it is not within the remit of the Ombudsman to deal with complaints regarding the outcome of public procurement competitions; and that National Remedies Regulations provide a recourse option to tenderers or candidates, at High Court level, to challenge procurement processes which they may consider were not compliant with public procurement rules. The Office of Government Procurement (OGP) provide advisory services for clients and suppliers. The OGP can be contacted by emailing support@ogp.gov.ie or phoning 01 773 8000.

Housing Policy

Ceisteanna (256)

Eoin Ó Broin

Ceist:

256. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will set out the operation of the realisation event and long stop date as set out in section 18 of the Affordable Housing Act 2022, with specific reference to whether local authorities will be required to issue realisation notices prior to the long stop date expiring; and whether realisation notices can be issued after the long stop date has expired and where none of the other grounds specified are grounds for the issuance of the realisation notice. [30609/24]

Amharc ar fhreagra

Freagraí scríofa

The information requested is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.

The following deferred reply was received under Standing Order 51.

Under the Local Authority Affordable Purchase Scheme (LAAPS), affordable homes are made available by local authorities, with the focus on new-build homes in order to increase supply in those areas where affordable homes are needed most. This involves the provision of new homes at an affordable price involving a significant discount of between 5%-40% on the market value of the property. In return for the discount given to the purchaser, the local authority retains a commensurate equity share in the property. LAAPS is governed by the Affordable Housing Act 2021 and its associated Regulations (S.I. 20/2023, and S.I. 21/2023). Section 12(7)(f) of the Act provides for an affordable dwelling purchase arrangement to set the date after which the affordable dwelling equity may be realised by the housing authority if not previously redeemed in its entirety by the homeowner. This is known as the long stop date.

The Affordable Housing (No. 2) Regulations 2023 (S.I. No. 21 of 2023) prescribes the long stop date, with Regulation 6(5) setting the long stop date at 40 years.

Section 15 of the Affordable Housing Act 2021 sets out the three means by which the equity share may be redeemed by the homeowner and realised by the local authority, which are:

• Redemption payments by the homeowner at any time;

• Payment by the homeowner following a sale of the affordable home; or

• Realisation by the local authority following the occurrence of a realisation event in accordance with sections 18 and 19 of the Act.

Section 18 of the Act enables the local authority to seek to have the equity share redeemed in specific circumstances, termed a realisation event. Section 18(2) lists the circumstances that become realisation events. One of the realisation events include the long stop date.

Redemption or part redemption of the equity share remains a matter for the homeowner at their own discretion throughout the course of the affordable purchase agreement. The only exception would be where the homeowner acts in a manner which obliges the local authority to realise its equity share, for instance by abandoning the property or failing to comply with a notice from the local authority in relation to a material breach of a covenant in the affordable dwelling purchase arrangement.

Where redemption has not taken place by the date specified in the affordable purchase agreement, the Act gives the local authority the legal power to realise their share of the property. In the case of reaching the Long Stop Date, it is not automatic, and there is no obligation on the local authority to redeem the equity share. This will be at the discretion of the housing authority. It is envisaged that housing authorities would not, save in exceptional circumstances, opt to realise the equity during the lifetime of the purchasers but will instead wait for disposal of the dwelling on the purchaser's estate after death.

Additionally, Section 18(3) of the Affordable Housing Act 2021 provides for the housing authority to communicate with the homeowner for the purposes of advising, consulting or negotiating any realisation event. It further outlines that the occurrence of a realisation event shall not oblige the housing authority to serve a realisation notice.

Fire Stations

Ceisteanna (257)

Fergus O'Dowd

Ceist:

257. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the status of the new fire station in Dunleer, County Louth; and if he will make a statement on the matter. [30626/24]

Amharc ar fhreagra

Freagraí scríofa

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Services Acts, 1981 and 2003.

My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for equipment and priority infrastructural projects.

Louth County Council has indicated that Dunleer remains their top priority project, and a new fire station at Dunleer is provided for in the Fire Services Capital Programme 2021 - 2025.

The Council submitted a preliminary appraisal to my Department in January 2021. Following examination of the proposal, approval in principle for this project issued on 25 June 2021, along with approval for the Council to appoint a design team and to progress this project to full design and cost plan stage.

Louth County Council are working to finalise the acquisition of their preferred site. Upon final confirmation of the site acquisition, Louth County Council will move quickly through the necessary phases to progress the construction of a new station for Dunleer. My Department will continue to support Louth County Council to progress the new Dunleer fire station project.

Housing Schemes

Ceisteanna (258)

Fergus O'Dowd

Ceist:

258. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage to provide an update on the report carried out on the housing adaptation grants for older people and people with a disability; when the report will be published and available to review; and if he will make a statement on the matter. [30638/24]

Amharc ar fhreagra

Freagraí scríofa

My Department provides Exchequer funding to local authorities under the Housing Adaptation Grants for Older People and People with a Disability scheme, to assist people in private houses to make their accommodation more suitable for their needs. The grants include the Housing Adaptation Grant for People with a Disability, the Mobility Aids Grant and the Housing Aid for Older People Grant, which are 80% funded by my Department, with a 20% contribution from the resources of the local authority. The detailed administration of the scheme including assessment, approval, prioritisation and budgetary apportionment is the responsibility of local authorities.

The Exchequer funding provision of €74.5 million for the Housing Adaptation Grants for Older People and People with a Disability scheme has been increased by €8 million for 2024. Local authorities were informed of their 2024 allocations with each local authority receiving an increase on the 2023 allocation, continuing the year on year increases since 2014.

Housing for All commits to reviewing the Housing Adaptation Grants for Older People and People with a Disability scheme and a report on the review has been prepared by my Department. Among the areas the review considered are the income thresholds (including the means test provisions) and grant limits, and the application and decision-making processes including the supplementary documentation required. My Department is engaging with the Department of Public Expenditure, NDP Delivery and Reform on the recommendations in the report with a view to bringing forward amendments to the relevant Regulations governing the schemes as soon as possible with a view to also publishing the final report.

Housing Schemes

Ceisteanna (259)

Eoin Ó Broin

Ceist:

259. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if a first home scheme payment is made directly to the property seller/developer or to the purchaser of the property. [30729/24]

Amharc ar fhreagra

Freagraí scríofa

The First Home Scheme, which launched in July 2022, is a shared equity scheme, designed to help bridge the gap for eligible first-time buyers, eligible homebuyers, and self-builders, between their deposit and mortgage, and the price of their new home (within price ceilings established across the country). Full details are available on the First Home Scheme website, www.firsthomescheme.ie.

The First Home Scheme Designated Activity Company (DAC) is fully responsible for the operation of the First Home Scheme on behalf of all shareholders.

The First Home Scheme payment is released to the purchaser's solicitor's account. The solicitor then finalises the property purchase on behalf of the purchaser in parallel with the mortgage process.

Further information can be found on the First Home Scheme website at www.firsthomescheme.ie/faqs/.

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