Written Answers Nos. 166 - 174
166. Deputy Micheál Martin asked the Minister for Communications, Energy and Natural Resources if he or his officials have considered the most recent Supreme Court judgement in relation to the Moriarty Tribunal report; and if he will make a statement on the matter. [47322/12]
View answerI presume the Deputy is referring to High Court Proceedings taken by Persona and Comcast in relation to the award of the 2nd GSM Licence. The Supreme Court on 17 October last, delivered the reasons for its decision of July last, to allow appeals by two unsuccessful consortia in the 2nd GSM Licence Competition against High Court Orders striking out their proceedings for damages against the State.
As I indicated in July last the State will fully defend these proceedings. As the matter is the subject of court proceedings I do not intend to comment further.
168. Deputy John Halligan asked the Minister for Communications, Energy and Natural Resources the impact that any drilling or seismic surveying might have on the livelihoods of local fishermen in Dublin Bay; if he will request a full environmental impact assessment and public inquiry into the plans of a company (details supplied) to explore just 6kms off the Dublin coast, before the company start their exploration. [48410/12]
View answer169. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources if he has satisfied himself that there will be no adverse affects on fisheries in Dublin Bay and the surrounding area in view of the licence given to a company (details supplied) to explore for oil in the area. [48406/12]
View answerI propose to take Questions Nos. 168 and 169 together.
Firstly, I should clarify that no petroleum exploration activity has been licensed in Dublin Bay. The exploration licence held by Providence Resources and their partners PSE Seven Heads Limited is over an area of the Kish Bank Basin off the Dublin/Wicklow coast.
The licence is for a six year period and includes an obligation to drill an exploration well by August 2014, however at this stage my Department has not received an application from the licensees to conduct a site survey or drill on the licence.
In relation to the impact of the proposed site survey and exploration well on fisheries, my Department undertook a Strategic Environmental Assessment (SEA) of the Celtic and Irish Seas during 2010/2011. The SEA, which included a public consultation phase, concluded that the impact of anticipated oil and gas drilling activity on fisheries is considered to be minor.
In relation to environmental impact assessment, I am satisfied that the current exploration licensing process is compliant with the requirements of both European and domestic law. In the event that the proposed drilling resulted in a commercial discovery being made then the licensees would require a number of statutory approvals for an extraction project, including a petroleum lease and a plan of development consent from the Minister for Communications, Energy and Natural Resources. Other relevant statutory consents could include a planning and development consent from An Bord Pleanála, a safety case approval from the Commission for Energy Regulation, an IPPC Licence from the EPA and a Foreshore Licence from the Minister for the Environment, Community and Local Government.
All of these consent processes would include an environmental impact assessment including a public consultation phase.
170. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government what will become of the non principal private residence charge in view of the proposed introduction of a property tax; and if he will make a statement on the matter. [53161/12]
View answer171. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government if the proposed property tax will be ring fenced to be spent in the local authority area if it is collected, or if it will be retained in the Central Exchequer to be distributed by way of a Local Government block grant and if so on what basis; and if he will make a statement on the matter. [53162/12]
View answerI propose to take Questions Nos. 170 and 171 together.
The EU/IMF Programme of Financial Support for Ireland contains a commitment to introduce a property tax for 2012. The Programme reflects the need, in the context of the State's overall financial position, to put the funding of locally-delivered services on a sound financial footing, improve accountability and better align the cost of providing services with the demand for such services. It was considered that, in light of the complex issues involved, a Local Property Tax would take time to introduce and accordingly to meet the requirements in the EU/IMF Programme, the Government decided to introduce a household charge in 2012 as an interim measure. This was done via the Local Government (Household Charge) Act 2011.
An appropriate broadening of the revenue base for local government will be achieved through the Household Charge and the forthcoming full Local Property Tax. Income from the Household Charge and from a future Local Property Tax is critical in ensuring that local authorities have the necessary resources to continue to deliver services to their communities.
An independently-chaired Inter-Departmental Expert Group was established earlier this year to consider the structures and modalities for an equitable Local Property Tax to replace the Household Charge. The Group submitted its report and proposals will be brought to Government which will decide on the exact details of implementation , including the relationship between the Non Principal Private Residence Charge and the Local Property Tax, and the Local Property Tax’s role within the wider funding of local government.
The Government has decided that the Local Property Tax will be collected and administered by the Revenue Commissioners.
172. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to amend the Building Control Act to address the grandfather clause whereby trained and qualified architects who are effectively being prevented from registering to use that title due to the excessive registration fee; and if he will make a statement on the matter. [53169/12]
View answerI have no plans to amend the Building Control Act 2007 along the lines suggested.
Part 3 of the Act enables eligible persons engaged in the provision of architectural services to register for the use of the title architect. The Royal Institute of the Architects of Ireland (RIAI) has been designated as the registration body for the purposes of Part 3 of the Act.
A number of routes to registration are provided for in Sections 14, 15, 16 and 22 of the Act having regard to the differing approaches to gaining the requisite knowledge, skills and experience adopted by individual applicants. Section 22, in particular, includes a provision to address the position of a category of practically trained persons who had already been providing architectural services in Ireland commensurate with those understood as being provided by Architects for the purpose of the Building Control Act 2007 for a period of ten years at the time the Act became law. This provision is transitional in nature and enables this category of persons to become registered once they have been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedure.
Taken in their totality the various routes to registration provided for under Part 3 of the Act represent a registration process that is open, fair and transparent.
Section 62 deals with the specification of registration fees and, importantly, requires that a fee specified must not in any case exceed the total of the costs in providing the services for which the fee is paid and the reasonable costs incurred by the registration body in collecting, accounting for and administering the fee. I understand that the registration body has confirmed that the recommended fees are in line with the requirements of Section 62.
The Act does not seek to regulate the function or role of architects. Its purpose rather is to provide statutory protection of the title Architect so that only those who are suitably qualified and registered will be lawfully entitled to use the title. Eligible persons who decline to register can continue to practice architecture and provide architectural services but they cannot use the title Architect or sign certificates to that effect.
173. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the number of members of staff in his Department who have relocated from rented offices in Tubbercurry, County Sligo, to Government Buildings in Ballina, County Mayo, since February 2011; the number expected to transfer and the timeframe for same; and if he will make a statement on the matter. [53173/12]
View answerMy Department’s Community Division transferred from the former Department of Community , Equality and Gaeltacht Affairs in May 2011. The Division was based in two separate buildings in Tubbercurry, Co. Sligo.
The Tubbercurry offices were provided as an advance office for the decentralisation of the former Department of Community, Equality and Gaeltacht Affairs to Charlestown and the buildings were leased by the Office of Public Works (OPW).
In February 2012, following the review of decentralisation, a Government decision gave effect to the winding down of a number of decentralisation projects, including my Department’s offices in Tubbercurry and the consolidation of business activities from that location to Ballina.
My Department commenced the process of the voluntary relocation of staff from Tubbercurry to the Department’s office in Ballina by the reassignment and reorganisation of work in the region. The Department has vacated one of the buildings in Tubbercurry following the relocation of 22 staff to the Ballina office.
On foot of the Government decision, it is proposed to transfer the remaining staff from Tubbercurry to Ballina in accordance with the redeployment provisions of the Croke Park Agreement. They will be re-located to Ballina when the OPW has completed necessary renovations to the Ballina office. My Department awaits OPW’s final proposals for these works, including the timetable for their procurement and delivery. It is expected that this work will be completed in the early part of 2013.
174. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government at what stage is the preparation of the Housing Bill; and if the Bill will legislate for uniform housing needs assessment system throughout local authorities;; and if he will make a statement on the matter. [53238/12]
View answerThe Heads of a Housing Bill are currently being developed in my Department with a view to seeking Government approval to the drafting of the Bill as soon as possible. I have no plans to provide in the Bill for major changes to the new standard procedure for assessing applicants for social housing that came into force in April 2011 under section 20 of the Housing (Miscellaneous Provisions) Act 2009 and associated regulation.
