Written Answers Nos. 604-619
604. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage if properties in Tipperary with issues related to pyrite and other contaminants in the cement and concrete blocks used to build their principal private residences will be able to receive financial assistance through the proposed defective concrete block redress scheme; and if he will make a statement on the matter. [44924/24]
Amharc ar fhreagraI commenced the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (the Act) on 22 June 2023 which contains the enhanced grant scheme and adopted the related Regulations on 29 June 2023.
The scheme is open to applications in five counties: Clare, Donegal, Limerick, Mayo and Sligo with comprehensive information of all aspects of the Scheme available on my Department’s website at the following link: www.gov.ie/en/service/8002e-enhanced-defective-concrete-blocks-grant-scheme/.
When a local authority that is not designated under the Scheme determines through the established mechanisms that homes within their functional area have been damaged by defective concrete blocks, they can seek to have the scheme extended to include any such county or part of such county.
Section 5 of the Act contains details on this process.
This statutory designation process can commence upon a request by a local authority or by myself, as Minister, to the Housing Agency. The Agency thereafter carries out technical testing of dwellings in a given local authority administrative area. As soon as practicable after the completion of any testing, the Housing Agency shall make a recommendation to me whether an order to designate the whole or part of a local authority's administrative area should or should not be made by the Government.
I understand that Tipperary County Council were in touch with officials from my Department on this matter in September 2022 where the above process was explained to them.
605. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage to provide details for all capital plans for the development of fire services in counties Cavan and Monaghan. [45005/24]
Amharc ar fhreagraThe 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 Act 1981 & 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 priority infrastructure projects.
In December 2020, I announced the Fire Services Capital Programme for the period 2021-2025, with a funding allocation of €61m. Following extensive engagement with fire authorities, a number of proposals for station works etc. were received. The proposals were evaluated and prioritised on the basis of the:
• Area Risk Categorisation of the fire station (population, fire risks, etc.);
• established Health and Safety needs;
• state of development of the project;
• value for money offered by the proposal; and
• the totality of requests from all authorities.
The 2021 - 2025 Programme was projected to see six new fire stations built, continued support for the construction of a further 12 new fire stations, nine fire station refurbishments as well as the allocation of 35 new fire appliances. Continued investment in the fire appliance fleet has been identified as a key national priority; that is why, in October 2023, I announced the allocation of an additional 40 new fire appliances at a cost of €20.8m.
Fire station projects at Ballyjamesduff and Ballybay were prioritised by Cavan and Monaghan County Councils respectively for inclusion in the 2021 – 2025 Capital programme. Cavan County Council was approved circa €1.75 million to fund the construction of a new Ballyjamesduff Fire station. Monaghan County Council was approved circa €3.26 million to fund the construction of a new fire station at Ballybay.
In the lifetime of the 2021 – 2025 Fire Services Capital Programme, to date Cavan Fire Service has received circa €575,000 in capital funding to support the purchase of frontline appliances and equipment including a new Brigade Mechanics van and funding for the allocation of a new Class B fire tender under the 2021 – 2023 Office of Government Procurement (OGP) framework.
Cavan Fire Service has also received funding approval for approximately €1.3 million to support the planned purchase of appliances and equipment as detailed below, including a further allocation of two new Class B fire tenders under the 2023 – 2025 OGP Framework.
Cavan Outstanding Approvals
|
Application Number |
Category |
Description |
Approval |
|
2023-03 |
App & Equip |
Water Tanker |
€ 246,000.00 |
|
2023-63 |
App & Equip |
2023 - 2025 Class B OGP Framework |
€ 520,000.00 |
|
2023-65 |
App & Equip |
2023 - 2025 Class B OGP Framework |
€ 520,000.00 |
In the lifetime of the 2021 – 2025 Fire Services Capital Programme to date Monaghan Fire Service has received circa €1.4 million in capital funding to support the purchase of frontline appliances and equipment including funding for a new Emergency tender appliance and the allocation of a new Class B fire tender under the 2021 – 2023 Office of Government Procurement (OGP) framework.
Monaghan Fire Service has also received funding approval for circa €940,000 to support the planned purchase of appliances and equipment as detailed below, including the allocation of a further new Class B fire tender under the 2023 – 2025 OGP Framework.
Monaghan Outstanding Claims
|
Application Number |
Type |
Description |
Approval |
|
2023-07 |
App & Equip |
Emergency Tender |
€ 72,570.00 |
|
2023-29 |
Fire Station |
Vehicle Storage Facility Monaghan Fire Station |
€ 85,000.00 |
|
2023-30 |
Fire Station |
Station Welfare Upgrades |
€ 125,460.00 |
|
2023-99 |
App & Equip |
2023 - 2025 Class B OGP Framework |
€ 520,000.00 |
|
2024-32 |
Fire Station |
Carrickmacross station resin flooring |
€ 40,000.00 |
|
2024-47 |
App & Equip |
Firefighting Breathing Apparatus Sets |
€ 26,500.00 |
|
2024-47 |
App & Equip |
Breathing Apparatus Sets |
€ 26,500.00 |
|
2024-54 |
App & Equip |
Breathing Apparatus Cylinders |
€ 43,271.00 |
606. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the 2023, 2024 and 2025 budget allocation for the historic structures fund, in tabular form. [45036/24]
Amharc ar fhreagra607. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the 2023, 2024 and 2025 budget allocation for the built heritage investment scheme, in tabular form. [45037/24]
Amharc ar fhreagraI propose to take Questions Nos. 606 and 607 together.
The funding allocations for the Built Heritage Investment Scheme (BHIS) and the Historic Structures Fund (HSF) for the years 2023, 2024 and 2025 are as follows:
|
|
BHIS |
HSF |
Total Annual Funding |
|
2023 |
€4m |
€5m |
€9m |
|
2024 |
€4m |
€5.3m |
€9.3m |
|
2025 |
€6.5m |
€3.2m |
€9.7m |
Funding of €300,000 for a new Conservation Advice Grant scheme was introduced under the HSF for 2024. The funding allocations for these schemes for 2025 take account of a policy change to administer grants of between €15,000 and €50,000 through the BHIS, thereby transferring to the BHIS grants that would previously have been issued under HSF Stream 1. This change, combined with the inclusion of ringfenced grants for historic thatched buildings under BHIS, accounts for the change in the relative amounts allocated to the BHIS and HSF schemes in 2025 compared to 2024. I would also note that total funding across the schemes has been increased by €400,000 compared to 2024.
608. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage the number of biologists employed by the National Parks and Wildlife Service; and what areas they specialise in. [45045/24]
Amharc ar fhreagraThe National Parks and Wildlife Service (NPWS) of my Department does not employ staff as qualified biologists and does not have such a grade or title of position. While there may be staff who have such qualifications, there are not specific biologist appointments within NPWS. My Department therefore would not hold a record of such qualifications.
609. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage to provide and make public all testing results carried out on the aggregate that was used in the manufacture of concrete blocks and foundations, under the testing regime of Donegal County Council or on behalf of Government agents, approximately four times annually from the quarries and manufacturing plants in Inishowen and across Donegal; and if he will make a statement on the matter. [45122/24]
Amharc ar fhreagraRegulation (EU) No 305/2011 (“the CPR”) sets out rules for the marketing of construction products in the EU, regardless of where the construction products are manufactured e.g. in Ireland, in other EU Member States, Northern Ireland, Great Britain or other third countries.
Where a construction product covered by a harmonised European standard such as a concrete block is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘Declaration of Performance’ (DoP) and affix a ‘CE’ marking to the product.
In relation to concrete blocks, in order to comply with the CPR, manufacturers of aggregate concrete blocks must test and declare the performance of their construction products using a common technical language prescribed in the harmonised European standard EN 771-3 and take into consideration the national provisions in relation to the intended use or uses of the product, where the manufacturer intends the product to be made available on the market.
The manufacturer shall carry out:
i. an assessment of the performance of the construction product on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of that product;
ii. factory production control;
iii. testing of samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan.
Aggregate concrete blocks placed on the market in Ireland for use in works to which the Building Regulations apply require independent third party oversight of factory production control by a Notified Body.
Notified Bodies are designated by the Department carry out third party tasks in accordance with the systems of assessment and verification of constancy of performance as provided or in Annex V of the CPR. The notified factory production control certification body shall decide on the issuing, restriction, suspension or withdrawal of the certificate of conformity of the factory production control on the basis of the outcome of the following assessments and verifications carried out by that body:
i. initial inspection of the manufacturing plant and of factory production control;
ii. continuing surveillance, assessment and evaluation of factory production control.
In respect to enforcement of the CPR, 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, Dublin City Council - National Building Control and Market Surveillance Office, NBC&MSO, has been appointed as a competent authority for the carrying out of market surveillance functions on a nationwide basis.
NBC&MSO and building control authorities have powers to obtain access to premises to examine, test or inspect products, request documentation regarding the performance of a product, take samples of the product, request the Minister for Housing, Local Government and Heritage to prohibit or restrict the use of a product, and prosecute offences.
In recent years, the NBC&MSO has coordinated market surveillance campaigns focusing on aggregate products that involved unannounced visits to economic operators to check for compliance with the CPR. As part of such visits, documentation is inspected including CE marks, Declaration of Performance, technical documentation to support compliance with the relevant standards and product test reports.
In relation to concrete manufacturing, for foundations for example, the European standard is ‘ EN 206-1:2013+A2:2021, Concrete - Part 1: Specification, performance, production and conformity’. The standard has been adopted in Ireland as I.S. EN 206-1:2013+A2:2021.
This European standard requires the manufacturers of ready-mix concrete to demonstrate conformity to a series of specified requirements. Manufacturers must issue a formal Declaration of Conformity along with relevant documentation before they can dispatch ready-mix concrete.
NSAI has published additional guidance in the form of an Irish National Annex, which specifies among other requirements, the recommended limiting values required for concrete mixes for the various exposure classes. These values are applicable to the specification or use of concrete in Ireland.
NSAI has also put in place a product certification scheme covering ready-mix concrete, which provides for a Certificate of Conformity to I.S. EN 206-1 and the Irish National Annex provided the criteria and conditions of the scheme continue to be met.
Finally, it should be noted that local authorities are independent in the exercise of their statutory powers and the NSAI is an independent agency under the aegis of the Department Enterprise, Trade and Employment.
611. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage further to a 2021 circular which allowed public sector staff to work until 70 years of age, if a fire service station officer, who will turn 65 in 2025, can continue working until 70, or if they must retire after 40 years’ service; and if he will make a statement on the matter. [45132/24]
Amharc ar fhreagraWith the agreement of Government, the Minister for Public Expenditure, NDP Delivery and Reform, prepared legislation to give effect to changes in the retirement age for members of the uniformed services. The provisions, which amend the relevant legislation to give effect to this Government decision, were included in Part 11 of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024, which was enacted this summer.
In the Local Government Act 2001 (Retirement of Firefighters) Regulations 2024, I increased the mandatory retirement age to 62 for both the full-time and the retained fire services. There is no change to the minimum retirement age of 55. These changes took effect from 19 August, 2024, and my Department wrote to all local authorities notifying them of these changes.
That circular also included clarity on the position relating to Fire Brigade Officers whose minimum and mandatory retirement ages remain aligned with those generally applicable in the public service. These are provided for separately as set out below, with no change to the minimum retirement age for Fire Brigade Officers.
Mandatory Retirement Ages for Fire Brigade Officers:
Non-new entrant officers who, under the Local Government (Superannuation) (Consolidation) Scheme 1998 (S.I No. 455 of 1998), have a minimum retirement age of 55 years, and under section 3 of the Public Service Superannuation (Age of Retirement) Act 2018 have a mandatory retirement age of 70 years.
New entrant officers who, under Superannuation (Miscellaneous Provisions) Act 2004 have a minimum retirement age of 65 years, and no mandatory retirement age.
Single scheme officers who, under Public Services (Single Scheme and Other Provisions) Act 2012, have a minimum retirement age of 66 years, or when they qualify for the contributory state pension and under section 3 of the Public Service Superannuation (Age of Retirement) Act 2018, have a mandatory retirement age of 70 years.
612. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he plans to amend the legislation relating to S. 254 licences under the Planning and Development Act 2000, given the way it is currently being used to erect phone masts without site notices; his views on whether that site notices should be mandatory for applications to erect site notices for phone mast erection; his views on whether submissions and representations should be able to be made to any S. 254 application; and his further views on whether a stay on any works should be mandatory if an appeal is lodged to An Bord Pleanála in relation to such an application. [45152/24]
Amharc ar fhreagraThe Planning and Development Act 2024 (“Act of 2024”) was signed into law by the President of Ireland on 17 October 2024. My Department is currently putting arrangements in place to implement a phased commencement of the Act of 2024 to facilitate the transition to the new legislation across the planning system, taking into account the need to liaise with local authorities, planning bodies and other stakeholders.
It should be noted that the existing provisions in the Planning and Development Act 2000 (“Act of 2000”) will remain in place until the relevant provisions in the Bill are commenced.
Section 254 of the Act of 2000 will be replaced by section 13 and 14 of the Act of 2024 on commencement of those sections. Section 13(4)(b) of the Act of 2024 was added at Seanad Report stage to include a Regulation making power for the Minister to prescribe certain classes of licence requests as requiring public notification. This amendment takes account of input at Seanad Committee Stage in relation to licences for telecommunication masts and ensures that there is a public notification process for such licence applications. I am satisfied that the Act of 2024 addresses the issues raised and should alleviate any such concerns.
613. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage the way An Bord Pleanála notifies prescribed bodies of planning applications; if files are sent by soft copy or hard copy; the way the notification is recorded; if the process of notifying prescribed bodies has changed in the past; if so, the reason the change was made; if the HSA was a prescribed body for strategic infrastructure development under the regulations of the Planning and Development Act 2000; if An Bord Pleanála keeps a checklist of the prescribed bodies have been notified for strategic infrastructure developments; and if he will make a statement on the matter. [45154/24]
Amharc ar fhreagraAn Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.
Under Article 215 of the Planning and Development Regulations, the Health and Safety Authority (HSA) is a prescribed body for specific Strategic Infrastructure Developments listed in Schedule 8 in relation to 'major accidents'. The additional information requested is not held by my Department as notification of prescribed bodies in relation to planning applications is a matter for An Bord Pleanála.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie .
614. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage the provisions made for those who are unable to avail of the electricity credit allowance due to the meter being installed by the landlord (details supplied). [45204/24]
Amharc ar fhreagraThe question raised is a matter for the Minister for the Environment, Climate and Communications.
615. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage if a development (details supplied) comes under the defective apartment scheme; and if he will make a statement on the matter. [45205/24]
Amharc ar fhreagraApartments and duplexes built between 1991 and 2013 with defects caused by defective design, workmanship or materials that breached the Building Regulations that applied when the property was built will qualify for remediation under the Apartment and Duplex Defects Remediation Scheme.
The Interim Remediation Scheme for the funding of eligible emergency fire safety defect works in apartments and duplexes has been in place since December 2023. The Scheme, which is being administered by the Housing Agency on a nationwide basis, is open to applications from apartment Owners’ Management Companies (OMCs) via the Housing Agency’s website.
Full remedial works, which will include all eligible necessary fire safety measures as well as those related to water ingress and structural damage, will be funded under the forthcoming statutory Apartment and Duplex Defects Remediation Scheme. Priority drafting of the legislation to underpin the Scheme, the Apartment and Duplex Defects Remediation Bill 2024, was approved by Government on 18 September 2024. It is expected the legislation will be published later this year and that, subject to the legislative process, the Apartment and Duplex Defects Remediation Scheme will be in place shortly thereafter.
To establish if a development is eligible, the Owners' Management Company and/or its individual members can find further eligibility criteria and scheme information at www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023
Where eligible fire safety defects are present, the Owners' Management Company may apply to the Interim Remediation Scheme.
616. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the position regarding the 12-foot medieval longboat discovered on the bed of the River Boyne, Drogheda in July 2007 and taken for preservation and conservation by the Department of the Environment at that time; the present location and state of preservation of the boat; if the condition of the boat is now in a state of preservation suitable for public display in a suitably controlled environment in Drogheda in view of its unique and special national and international significance; and if he will make a statement on the matter. [45233/24]
Amharc ar fhreagraThe Drogheda Boat wreck was discovered during the course of dredging works by the Port of Drogheda and the National Monuments Service (NMS) of my Department carried out a full excavation in 2007. The archaeological project was a collaborative one between NMS, the National Museum of Ireland and the Port of Drogheda. The remains are of a 16th-century clinker built coastal trader, almost fully intact. During the course of the excavation it was also discovered that the wreck contained a cargo of 13 barrels, still in the hold. The entire wreck and its barrels were fully excavated and recovered.
Post-excavation was undertaken by the NMS on the wreck remains along with specialist analysis of various elements of the wreck. This included the barrel material, evidence from which showed that the barrels contained salted fish when the boat sank but that originally they had been used to import wine from France. On completion of the post-excavation analysis, the wreck and barrel remains were transferred to the National Museum of Ireland, where they remain undergoing conservation.
The National Museum is responsible for the on-going conservation of the wreck and for any plans in relation to its presentation.
617. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if a family who have been forced out of their primary home due to unsafe conditions brought about by defective concrete blocks can avail of the enhanced defective block grant scheme, having moved to another property. [45249/24]
Amharc ar fhreagraI commenced the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (the Act) on 22 June 2023 which contains the enhanced grant scheme and adopted the related Regulations on 29 June 2023.
The Grant Scheme applies to the owners of dwellings located in designated local authorities, which are damaged due to the use of defective concrete blocks and provided the dwelling is the owner’s principal private residence, or a rented dwelling registered with the Residential Tenancies Board (RTB) on or before 1 November 2021 subject to a maximum of one rental property per household.
A dwelling may be deemed the individual's principal private residence where the dwelling previously had been, but ceased to be such solely by virtue of the damage to the dwelling arising out of, or in connection with, the use of defective concrete blocks in its construction.
The detailed operation of the Scheme is a matter for the designated local authorities and queries such as the one set out in the Question should be addressed to the relevant local authority in the first instance.
618. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 14 of 7 December 2023, if the review on the differential rent review has been completed; if not, for an update on the review; and if he will make a statement on the matter. [45292/24]
Amharc ar fhreagraHousing for All commits to developing proposals to review the existing differential rent system and to provide for a standardised, national local authority social housing rent model. The objective is to develop and implement a model that provides the best blend between fairness, progressivity and sustainability.
My Department has completed an initial scoping exercise to determine the focus of the review. Further work has commenced to consider the practical application of such a scheme in the context of other reform package measures, as well as the broader circumstances of social housing funding programmes and the cost of living issues at this time.
Proposals will be submitted to me for my consideration in due course and any decision to implement a standardised national rents scheme will be considered thereafter, as appropriate.
619. Deputy Niamh Smyth asked the Minister for Social Protection for an update on an appeal (details supplied); and if she will make a statement on the matter. [43898/24]
Amharc ar fhreagraThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.
Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts which were not before the Appeals Officer when they made their decision which had they have been, it would have rendered the decision erroneous.
If the named person wishes to request a review of the Appeals Officer’s decision under Section 317 of the Social Welfare (Consolidation) Act 2005, they must specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.
I trust this clarifies the matter for the Deputy.
