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Monday, 11 Sep 2023

Written Answers Nos. 877-896

Compulsory Purchase Orders

Questions (877)

Patrick Costello

Question:

877. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 709 of 18 April 2023, if he will provide an update on the CPO Activation Programme; if he will provide a breakdown, by local authority of the number of CPOs of vacant properties completed, ongoing and under consideration, in tabular form; and if he will make a statement on the matter. [37768/23]

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Written answers

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. Many areas of cities, towns and villages of all sizes face the blight of vacant properties, which, if brought back into use, could add real vibrancy and provide new accommodation in those areas. While the reasons for vacancy are often complex, the re-use and regeneration of vacant properties in cities, towns, villages and rural areas can provide much needed housing while also transforming areas and the communities living in them.

The Vacant Homes Action Plan, which was launched in January, outlines the progress that has been made in addressing vacancy, along with the actions that are being pursued to return as many vacant properties back into use as possible.

Under this Action Plan, my Department launched the CPO Activation Programme in April 2023, which provides for a planned, proactive and systematic approach by local authorities to bringing vacant and derelict properties back into use. Targets have been set for each local authority for the number of identified vacant and derelict properties to enter the Programme. Overall, there is a target of 4,000 properties entering the Activation Programme in 2023. These are based on levels of vacancy in the local authority area. Of these, a target of 400 has been set for properties to enter the compulsory acquisition process, where engagement with the owner has not resulted in the vacant or derelict property being brought back into use, to be subsequently used for social housing or made available for sale on the open market. This Programme includes guidance and supports for local authorities to actively use their legislative powers to compulsorily acquire vacant and derelict properties, where engagement with owners has been unsuccessful.

Each local authority will be required, on an ongoing basis, to provide data in relation to the properties entering the Programme, activity undertaken and progress made, along with outcomes. My Department will publish the relevant data in due course.

Question No. 878 answered with Question No. 873.
Question No. 879 answered with Question No. 875.
Question No. 880 answered with Question No. 814.

Rental Sector

Questions (881)

Eoin Ó Broin

Question:

881. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage that the landlord guarantee where a HAP tenant falls into differential rent arrears only applies where the tenant and HAP tenancy remain in place. [37785/23]

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Written answers

Tenants in the Housing Assistance Payment (HAP) scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme.

From 1 May 2023 when a HAP tenant defaults on their differential rent payment to the local authority they will be offered the option of a payment plan to assist them in maintaining their tenancy and allow the HAP payment to the landlord to continue.

If the tenant defaults on payment of differential rent or the payment plan, under the Landlord Payment Guarantee, the HAP payment to the landlord will be guaranteed for a maximum 12 month period or earlier if the tenancy ends. The 12 month guarantee is in respect of an active HAP tenancy where the tenant remains in situ.

The Landlord Guarantee will only be applicable to tenancies reaching suspension stage of the HAP debt management process from the 1 May 2023.

Planning Issues

Questions (882, 883)

Patrick Costello

Question:

882. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage for a breakdown in tabular form of the number of staff, and their grade currently, employed within An Bord Pleanála, highlighting if they are employed on a part-time or full-time basis; and if he will make a statement on the matter. [37821/23]

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Patrick Costello

Question:

883. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage for a breakdown in tabular form of the number of vacant staffing positions and their grade within An Bord Pleanála; and if he will make a statement on the matter. [37822/23]

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Written answers

I propose to take Questions Nos. 882 and 883 together.

An 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.

There are now more people working at the Board than at any time previously. Since October 2021, my Department has agreed to 117 new staffing posts in the Board, as detailed below.

• In October 2021, my Department approved an additional 24 posts across a range of technical and administrative grades including the setting up of a new Marine and Climate Unit.

• In December 2022, 34 additional posts were sanctioned, and the Board is in the process of filling these positions.

• In April 2023, the Board submitted sanction requests for a total of 59 new posts, all of which were approved by my Department.

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.

In order to be of assistance, my Department obtained the information requested from the Board who have provided the following information.

The Board has received approval and sanction from my Department for a total of 313 posts for 2023. The Board have advised that, as of the 31 August 2023 there were 238 people working in the Board including Board Members. There is currently one vacancy at Board member level which is due to be filled by temporary appointment later this month. The Board have advised that there are the vacancies remaining from the sanctioned posts and existing posts due to resignations, and that these vacancies are at various stages of the recruitment process.

Table 1: Board Membership at An Bord Pleanála

Board Member Grade ABP

FTE

Chairperson

1

Deputy Chairperson

1

Board Member

12

14

Table 2: Staffing at An Bord Pleanála as of 31 August 2023

Staffing Grade

FTE

Grade Category

Chief Officer

1

Principal Officer Higher

Director of Corporate Affairs

1

Principal Officer

Director of Planning

1

Senior Advisor

Director of Legal Affairs

1

Principal Officer

Assistant Director of Planning

4

Engineer Grade I

Senior Planning Inspector

47

Engineer Grade I

Ecologist

1

Engineer Grade I

Planning Inspector

32

Engineer Grade II

Senior Administrative Officer

9

Assistant Principal

Senior Executive Officer

19

Higher Executive Officer

Executive Officer

61

Executive Officer

Administrative Assistant

47

Clerical Officer

Total

224

Question No. 883 answered with Question No. 882.

Local Authorities

Questions (884)

John Brady

Question:

884. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the amount of funding that was sought and awarded to Wicklow County Council for retrofitting works for local authority homes for the years 2021, 2022 and to date in 2023; and if he will make a statement on the matter. [37824/23]

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Written answers

In 2021 a new holistic approach was applied to the Energy Efficient Retrofit Programme (EERP), designed around the Programme for Government's commitment led by the Department for the Environment, Climate and Communications that calls for the 'retrofit' of 500,000 homes to a B2 (BER)/Cost Optimal Equivalent standard by 2030, of which, approximately 36,500 are expected to be local authority owned homes, with grant funding provided by my Department for those local authority housing retrofits.

Works eligible under my Department's revised EERP include attic/cavity wall insulation or external wall insulation where required, windows and doors replacement, heat pump installation and ancillary and associated works.

An annualised breakdown of the funding and number of properties completed by each local authority since 2013 is available at the following link: www.gov.ie/en/publication/668c1-energy-efficiency-retrofitting-programme-expenditure-output/

The 2023 EERP budget provides an increase in funding support to €87 million which will allow approximately 2,400 local authority owned social homes to be upgraded to a B2 or cost optimal equivalent (BER). Local authorities have been notified of their targets and funding available but it will be later this year before significant claims have been received. Full details on 2023 will be available early in 2024.

Housing Schemes

Questions (885, 892)

John Brady

Question:

885. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if Homebond or a similar cover will be in place for purchasers of new affordable housing schemes through the local authority to cover any potential latent structural defects; if so, to provide details of the scheme; and if he will make a statement on the matter. [37825/23]

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Thomas Gould

Question:

892. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage whether he is aware of issues with an affordable housing site in Montenotte, County Cork, that is leaving customers unable to progress with a mortgage from a major bank (details supplied); and if he will make a statement on the matter. [37967/23]

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Written answers

I propose to take Questions Nos. 885 and 892 together.

The Local Authority Affordable Purchase scheme is a significant measure within the Government's overall commitment to deliver 54,000 affordable homes by 2030 under Housing For All.

Latent defects insurance (LDI) is generally obtained by developers through first party insurance products offered by a small number of providers, including Homebond and others, to cover structural defects which may become apparent during the cover period (typically 10 years). LDI is not a mandatory requirement for housing market purposes, although lending institutions and consumers are likely to, and often, demand it.

I understand that there have been a number of instances where during the conveyancing process the absence of LDI has been raised by a prospective affordable home purchaser following their discussions with their lending institutions. LDI cover is unlikely to be obtainable by a developer retrospectively where it is not in place in advance of the construction of a home. In such cases local authorities are prepared to work with the developer to identify a reasonable alternative solution such as a collateral warranty and in this way have enabled a number of lending institutions to proceed with loans. It is understood however that one lending institution has declined to proceed with loans in circumstances where an LDI policy is not in place.

The closing of the sale of an affordable home on its completion and delivery is a matter between the parties to the transaction, who include the individual purchaser, their mortgage provider, and the relevant local authority, together with their respective legal representatives. Similarly, the drawdown of loans is a matter for the purchaser, their advisers and the relevant financial institution.

While local authorities will continue to be available to assist individual affordable housing applicants and lenders on a case by case basis in any reasonable way possible, ultimately the decision to provide funding rests with the relevant lending institution.

Housing Schemes

Questions (886)

John Brady

Question:

886. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if a local authority property has to be built before a certain date/year in order for an applicant to be eligible for the incremental tenant purchase scheme; and if he will make a statement on the matter. [37826/23]

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Written answers

The Tenant (Incremental) Purchase Scheme 2016 provides for the purchase by eligible tenants, or joint tenants, of local authority homes available for sale under the scheme.

Certain classes of houses are excluded from sale under the current rules of the scheme, for example where, in the opinion of the local authority, a house should not be sold for reasons relating to proper stock management, or on account of the house’s structural condition.

There is, however, no specific requirement that a house must have been built before a certain date or year.

Planning Issues

Questions (887)

Mick Barry

Question:

887. Deputy Mick Barry asked the Minister for Housing, Local Government and Heritage if he will make legislative amendments to allow for bicycle storage facilities in front gardens and driveways of terraced homes without having to obtain planning permission; and if he will make a statement on the matter. [37835/23]

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Written answers

Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Exemptions from the requirement to obtain planning permission in respect of specific forms of development are provided for when they are considered to be consistent with proper planning and sustainable development. The exemptions provided for in the Planning and Development Regulations are kept under regular review.

The concept of providing a planning exemption for small outdoor bike storage facilities is currently being explored by my Department. If it is considered appropriate, draft legislation will be brought forward. In this regard, it should be noted that under section 262(4) of the Act, legislative proposals in relation to exempted development require the approval of both Houses of the Oireachtas before they can be signed into law.

Planning Issues

Questions (888)

Patrick Costello

Question:

888. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage to provide a list of all actions taken by his Department regarding the Mulcahy report in relation to planning issues in Donegal between its delivery to his Department in 2017 and August 2023. [37864/23]

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Written answers

The Report, entitled 'A Review Into Certain Planning Matters in Respect of Donegal County Council', by Mr. Rory Mulcahy S.C., received by my Department in June, 2017, remains under consideration. The Report is a scoping report and as such it does not make findings as to the truth or otherwise of allegations that have been made by an individual against named persons.

Following an initial analysis and assessment of the Report’s findings and recommendations, the advices of the Attorney General's office on a comprehensive set of queries, including the potential dissemination or publication of the Report, were sought and have been taken into account. I continue to consider the Report and the extensive legal advices received, given that the Report details unproven allegations against named persons.

Where access to the report has been withheld by my Department from Access to Information on the Environment requests or Freedom of Information requests, the decisions by both the Commissioner for Environmental Information (OCE-103174-W9G4J2 (Legacy Reference CEI-18-0019)) of 13 February 2019 and the Information Commissioner (OIC-59426-Q8D7T8) of 27 February 2020, were taken into account.

It should be noted that in each of these cases, both the Commissioner for Environmental Information and the Information Commissioner decided not to grant access to the report. Both decisions are publicly available on those bodies' websites. Further, the Office of the Information Commissioner decision stated "placing the details concerned in the public domain would significantly breach the rights to privacy of identifiable individuals."

This matter is extremely complex and requires very careful consideration. My Department is engaging with various stakeholders on this matter, namely the Attorney Generals Office and the Office of the Planning Regulator. Following this engagement I hope to be in a position to bring a Memo to Government regarding my proposed next steps by the end of the year.

Question No. 889 answered with Question No. 828.

Local Authorities

Questions (890)

Bríd Smith

Question:

890. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will provide the number of applicants who have been removed from all local authority housing lists in the past 12 months; the number that were removed from all local authority housing lists because they began a HAP tenancy; the number that were removed without being added to the transfer list; how housing waiting list applicants are informed that they need to request the addition of their names to the transfer list following the acceptance of a HAP tenancy in order to remain on the housing list; and if he will make a statement on the matter. [37884/23]

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Written answers

The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.

Consistent with the provisions in the Housing (Miscellaneous Provisions) Act 2014, households in receipt of a payment under the HAP scheme are not eligible to remain on the main housing waiting list. However, acknowledging that some households on the waiting list, who avail of HAP, have expectations that they would receive a more traditional form of social housing support, Ministerial directions have issued to ensure that, should they so choose, HAP recipients can avail of a move to other forms of social housing support through a transfer list. Housing authorities offer HAP recipients the opportunity to apply to go on the transfer list at the point when their HAP application has been approved.

Local authorities are also directed that HAP recipients who apply to go on the transfer list should get full credit for the time they spent on the waiting list and be placed on the transfer list with no less favourable terms than if they had remained on the waiting list.

Decisions in relation to local authority housing lists are a matter for the local authority concerned and my Department does not hold data in relation to same.

The practical operation of transfer lists is a matter for each local authority to manage, on the basis of its own scheme of letting priorities. The making of such schemes is a reserved function of the local authority and as such is a matter for the elected members.

Housing Schemes

Questions (891, 893)

Pearse Doherty

Question:

891. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if he is aware of any disqualifications for applicants under the local authority mortgage protection insurance group scheme for underlying health conditions, specifically type 1 diabetes; and if he will make a statement on the matter. [37922/23]

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Thomas Gould

Question:

893. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if he is aware of issues with mortgage protection insurance for type 1 diabetics seeking a mortgage through the local authority home loan scheme; and if he will make a statement on the matter. [37968/23]

View answer

Written answers

I propose to take Questions Nos. 891 and 893 together.

The local authority Mortgage Protection Insurance (MPI) scheme has applied to all house purchase loans approved by local authorities after 1 July 1986, including the Local Authority Home Loan introduced on 4 January 2022.

One of the conditions of local authority lending is that it is obligatory for all local authority borrowers who meet the eligibility criteria to join the local authority MPI scheme. Each application for MPI under the scheme is evaluated on a case by case basis. A local authority housing loan applicant, who is not eligible for the local authority MPI scheme, must source a suitable comparable individual MPI policy from the market before drawing down a Local Authority Home Loan.

The scheme is subject to periodic review and competitive tendering in accordance with the terms of EU Directives relating to the award of public service contracts. This is to ensure that the most appropriate cover at the best value for money is secured for local authority borrowers over the entire life of their mortgages.

The most recent public procurement competition for the provision and administration of this MPI scheme was conducted by the Local Government Management Agency in 2022. The contract resulting from this open tender competition came into effect from 1 January 2023. This new contract offers a change in the cover provided, from Disability and Life cover to Life cover only. This change in cover brings the MPI offered with the Local Authority Home Loan scheme in line with the MPI associated with home loans from commercial lenders.

As the previous MPI contract provided for disability and life cover it sometimes had more limited eligibility for those with certain underlying illnesses. With the current life only MPI group scheme, no medical conditions are automatically excluded, however certain chronic medical conditions may require that an application is assessed by the insurance companies underwriters before a decision on providing life cover is made. Therefore, depending on the specifics of the case, applicants with certain medical conditions may not obtain cover under the local authority MPI. However, as noted previously, if these applicants can get a comparable life only cover from the market then they can proceed with their loan drawdown.

Question No. 892 answered with Question No. 885.
Question No. 893 answered with Question No. 891.

Seanad Elections

Questions (894)

Neasa Hourigan

Question:

894. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage his plans to reform the Seanad Éireann electoral system to allow all university graduates to vote; and if he will make a statement on the matter. [38075/23]

View answer

Written answers

In a judgment earlier this year the Supreme Court determined that sections 6 and 7 of the Seanad Electoral (University Members) Act 1937, which sets out the current legislative provisions governing the election of university senators to Seanad Éireann, are unconstitutional because they are not consistent with Article 18.4.2 of the Constitution. The Supreme Court suspended its declaration of invalidity until 31 July 2023 in the first instance.

Following the principal judgement in the case, the Court invited submissions from the parties as to the length of time required to address the issues identified in the principal judgment. Following its consideration of these submissions the Court (on 26 July) further suspended the declaration of invalidity until 31 May 2025.

In order to respond fully to the Supreme Court judgments, my Department is currently considering the judgments with a view to preparing options for consideration by the Government. This work is being progressed as a matter of priority in my Department.

Fire Service

Questions (895)

John McGuinness

Question:

895. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage if he will provide a breakdown of the number of retained firefighters and staff in each fire station in counties Carlow and Kilkenny; if the numbers involved meet the standard under the Fire and Emergency Operational Plan; and if he will provide an update on the current dispute involving retained firefighters. [38103/23]

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Written answers

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 fire authorities through setting general policy, providing the legislative framework, running a central training programme and issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects. Fire services issues are managed in my Department by the National Directorate for Fire and Emergency Management (NDFEM).

Fire services are provided in Ireland by local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, there are 31 fire authorities which provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations being staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.

Under 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 or she is responsible. My Department oversees workforce planning for the local government sector, including the monitoring of overall local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority on a whole time equivalent basis. However, granular data, in terms of staff allocated to specific work areas within local authorities is not collected and consequently is not available in my Department. The relevant information regarding fire service staffing numbers would be available from the respective local authorities.

In 2013, my Department published 'Keeping Communities Safe (KCS) - A Framework for Fire Safety in Ireland'. The adoption of KCS as national policy saw national norms/standards being established for fire services in Ireland for the first time, against which local authority fire services could benchmark themselves. In respect of crewing levels, KCS establishes a national norm of 5 personnel on the first pump mobilised from a station to include a designated Incident Commander, with 4 personnel on the second or subsequent pumps mobilised from the same station. The report of the Fire Service Validation Group, ' Fire Services in Ireland, Local Delivery - National Consistency', published in 2016, noted the varied staffing arrangements in place in fire services across Ireland to achieve these standards and that fire services manage staffing levels in fire stations to achieve the national standards of fire service response.

Retained firefighters recently voted to accept the terms of a proposal agreed with Management at the Work Place Relations Commission which has brought an end to a prolonged industrial dispute. I welcome the decision of the Retained Firefighters to accept the recommendations of the Workplace Relations Commission (WRC).

I have always acknowledged the challenges associated with both the recruitment and retention of retained fire personnel and I have consistently advocated for a better approach and I will continue to do so. I published a Review of Recruitment, Retention and Sustainability of the Retained Fire Service in December 2022, making recommendations to improve recruitment and retention in the retained Fire Service. These recommendations are being implemented by the NDFEM, the LGMA and all local authorities. Our firefighters are an invaluable front-line service staffed by very dedicated and selfless people, serving their communities around the clock. I will continue to support them in the work they do.

Vacant Properties

Questions (896)

Richard Bruton

Question:

896. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he has considered shortening the period of vacancy necessary to trigger the vacant home grant; and if he will make a statement on the matter. [38113/23]

View answer

Written answers

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock.

In July 2022 the Vacant Property Refurbishment Grant was launched under the Croí Cónaithe Towns Fund to support bringing vacant and derelict properties back into use.

From 1 May 2023, a grant of up to a maximum of €50,000 is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent, including the conversion of a property which has not been used as residential heretofore, subject to appropriate planning permission being in place.

Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000.

The grant is available in respect of vacant and derelict properties built up to and including 2007, in towns, villages, cities and rural areas.

The property must be vacant for two years or more at the time of grant application and proof of vacancy is required to support grant applications. There are no plans at present to review the duration of vacancy criteria.

When the Croí Cónaithe Towns Fund was launched, a commitment was given that the schemes funded by it would be kept under ongoing review. It is intended that a comprehensive review and evaluation of the schemes under the Croí Cónaithe Towns Fund will be undertaken by mid-2024.

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