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Tuesday, 13 Dec 2022

Written Answers Nos. 289-307

Rental Sector

Questions (289)

Bríd Smith

Question:

289. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage his views on a matter (details supplied) in relation to the standards in rented accommodation; and if he will make a statement on the matter. [61640/22]

View answer

Written answers

The Housing (Standards for Rented Houses) Regulations 2019 specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, fire safety and the safety of gas, oil and electrical installations. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for the enforcement of the Regulations rests with the relevant local authority.

The purpose of Regulation 8 is to ensure that all houses are adequately ventilated and that all means of ventilation are maintained in good repair and working order.

There are three different types of ventilation strategies to provide adequate ventilation in a dwelling: natural ventilation with intermittent extract ventilation (the most common type), continuous mechanical extract ventilation (cMEV), and mechanical ventilation with heat recovery (MVHR).

The Guidelines for Housing Authorities - Minimum Standards in Rented Accommodation issued by my Department in November 2021, outline the requirements under each of these strategies.

In respect of rented dwellings with natural ventilation with intermittent extract ventilation the Guidelines provide guidance on minimum requirements in kitchens, bathrooms and habitable rooms, as follows:

Kitchens:

The room containing a kitchen (of more than 6.5m2 in floor area) has a wall or window ventilation opening.

The ventilation opening must have a minimum sectional area of 6500mm2 and opening directly to the external air.

The room containing a kitchen (of more than 6.5m2 in floor area) must have an openable window section or door directly to external air. In a kitchen of less than 6.5 m2 in area, which does not contain an openable window to the external air, the mechanical extract ventilation should include an automatic 15 minutes over-run and provision should be made for air supply via a 10mm gap under the door or equivalent.

Bathrooms:

In each bathroom / water closet cubicle, where there is no openable window there must be a mechanical extraction vent unobstructed or passive stack vent with humidity control, in working order. The mechanical extraction vent must have 15 minutes overrun and include provision for air supply by means of a 10 mm gap under the door or equivalent.

Habitable Rooms:

In each habitable room there must be an openable external window / door.

The openable section of the window/door must be a minimum of 1/20th of the floor area.

In each habitable room there should be a wall or window ventilation opening.

In each habitable room the wall / window ventilation opening must be unobstructed.

The ventilation opening must provide a minimum sectional area of 6500mm2 and opening to the external air.

Regulation 9 ensures that all habitable rooms have natural lighting and that all rooms have an adequate means of artificial lighting. It is not necessary under the Regulations that halls, stairs and landings have natural lighting but they should have adequate artificial lighting. For safety reasons, all multi-unit buildings must be provided with emergency lighting in all common areas.

Further information can be found in the Guidelines on my Department's website at:

www.gov.ie/en/publication/2c979-guidelines-for-housing-authorities-minimum-standards-in-rented-accommodation/

Departmental Policies

Questions (290)

Jim O'Callaghan

Question:

290. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the main policy achievements of his Department since 27 June 2020; and if he will make a statement on the matter. [61653/22]

View answer

Written answers

The Programme for Government, Our Shared Future, is the foundation for my Department's main policy initiatives. My Department has commitments across 10 of the 12 Missions in the Programme. My Department's Statement of Strategy for the period 2021-2025 was published in April 2021 and sets out our strategic goals, objectives and actions for the period ahead. It is available on my Department's website at the following link www.gov.ie/en/publication/9a047-statement-of-strategy-2021-2025/.

My Department's website, www.gov.ie/en/organisation/department-of-housing-local-government-and-heritage, is a good source of information about activities and initiatives undertaken but by way of illustration, in addition to significant initiatives undertaken to manage the impact of COVID-19 and to prepare for Brexit, some of the key actions delivered since 27 June 2020 include:

- the publication of 'Housing for All - a new Housing Plan for Ireland' and the continued progression of initiatives covered under this policy;

- the launching of the Local Authority Home Loan Scheme;

- the enactment of the Affordable Housing Act 2021 which established the Local Authority Affordable Purchase Scheme, introduced Cost Rental tenancies, established the First Home Shared Equity Scheme and expanded Part V of the planning requirements;

- the extension of the Pyrite Remediation Scheme to include the administration area of Limerick;

- the enactment of the Remediation of Dwellings Damaged By the Use of Defective Concrete Blocks Act 2022;

- the delivery of the largest voids programme to date;

- an increased budget to support local authority homeless programmes and Covid-19 enhanced services;

- the establishment of the National Homeless Action Committee (NHAC);

- the setting of targets for social housing delivery in the period 2022-2025 as part of the Department's lead role in the development of the Housing for All strategy;

- the establishment of the Emergency Refurbishment programme;

- publication of the Housing Need Demand Assessment tool;

- the establishment, with the Department of Rural and Community Development, of a Town Centre First inter-Departmental Group on the regeneration of towns and villages;

- the enactment of the Land Development Agency Act 2021;

- the establishment of the Regulatory Authority for Approved Housing Bodies;

- the enactment of the Maritime Area Planning Act 2021;

- the development of the Marine Spatial Plan;

- the development of the National Marine Planning Framework;

- the enactment of the Water Services (Amendment) (No. 2) Act 2022 to separate Irish Water from the Ervia Group;

- the enactment of the Electoral Reform Act 2022 to establish an Electoral Commission, modernise the electoral registration process and introduce regulation of online political advertising;

- increased funding for the Built Heritage Investment Scheme and the Historic Structures Fund;

- the development of the 4th National Biodiversity Action Plan; and

- the publication of the Strategic Action Plan for the National Parks and Wildlife Service.

Regular updates, in the form of press releases, are also issued by my Department, particularly when outcomes are achieved, and these can be found at www.gov.ie/en/search/?type=press_releases&organisation=department-of-housing-local-government-and-heritage

Housing Provision

Questions (291)

Cian O'Callaghan

Question:

291. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the total number of cost rental and affordable purchase homes that have been delivered to date via Croí Cónaithe cities, affordable housing fund, Project Tosaigh, IDA new builds, cost-rental equity loan and, the serviced sites fund, broken down by cost of rent or buy and location in tabular form; and if he will make a statement on the matter. [61682/22]

View answer

Written answers

Under Housing for All, the Government will deliver 54,000 affordable homes between by 2030, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through a strategic partnership between the State and retail banks.

In implementing the key objectives under Housing for All, each local authority has prepared and published a Housing Delivery Action Plan in respect of local authority supported or overseen delivery from 2022 to 2026. 18 local authorities with a strong and identified affordable housing need were asked to include their planned affordable housing delivery in their Action Plans. I have also set individual five-year Affordable Housing delivery targets for those local authorities.

2022 represents the commencement of a very ambitious programme of delivery of affordable housing. A pipeline of affordable housing delivery is being developed by local authorities, by Approved Housing Bodies using the Cost Rental Equity Loan and by the Land Development Agency. Furthermore, local authorities have been begun collating information on their delivery of affordable homes as well as the AHB sector in their area in the same manner as is currently done for social housing. It is intended that information on delivery across all delivery streams will be gathered by my Department and I expect that my Department will be in a position to begin reporting on affordable delivery for 2022 in the national quarterly delivery statistics in Q1 2023.

The LDA has an immediate focus on managing the State’s own lands to develop new homes, and regenerate under-utilised sites. In the longer-term, it will assemble strategic land-banks from a mix of public and private lands making these available for housing, which is expected to bring essential more long-term stability to the Irish housing market.

The LDA is also tasked with unlocking stalled private, planning-consented developments in the shorter-term through its market engagement initiative - Project Tosaigh. An expressions of interest process was launched at the end of 2021, and the LDA now has a pipeline of projects anticipated to deliver affordable for sale and cost rental homes. The LDA recently launched a renewed expressions of interest process under Project Tosaigh seeking proposals from the homebuilding sector for the forward purchase of unbuilt residential units. Work is underway in assessing proposals submitted. Details of current LDA developments on public land and Project Tosaigh can be found at www.lda.ie

The LDA has also been asked to begin collating information on its delivery of affordable homes. It is intended that this information will be reported along with national quarterly delivery statistics for local authorities and AHBs.

The Croí Cónaithe (Cities) Scheme is a scheme to support viability. The fund supports the building of apartments for sale to owner-occupiers and aims to bridge the current “Viability Gap” between the cost of building apartments and the market sale price (where the cost of building is greater). Details of the scheme, which was launched in May and will likely see delivery from 2024 onwards, can be found here www.gov.ie/en/publication/883b1-croi-conaithe-cities-scheme/

In relation to the First Home Scheme, the First Home DAC is responsible for the operation, and official reporting on behalf of all shareholders. However, I can confirm the following information available, from First Home Scheme’s first quarterly report which covers the period from First Home’s launch on July 7th to October 6th:

- 508 buyers in 23 counties have been approved by the Scheme and have received eligibility certificates which will allow them to proceed towards purchasing their chosen affordable home.

- A further 203 applications were being processed, with approvals expected to issue shortly in most of these cases.

- A total of 1,862 potential buyers had registered their interest in the Scheme (823 individual buyers and 1,039 couples)

Departmental Projects

Questions (292)

Cian O'Callaghan

Question:

292. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the current number of live studies, reviews and research projects undertaken or commissioned by his Department in tabular form; the date by which each study, review and research project is scheduled to be completed; and if he will make a statement on the matter. [61683/22]

View answer

Written answers

Details of the studies, reviews and research projects undertaken or commissioned by my Department and currently underway, are set out in the attached table, together with the scheduled completion date.

Information in relation to recently published reports is available on the homepage of my Department's website at: www.gov.ie/en/organisation/department-of-housing-local-government-and-heritage/

The first annual update of Housing for All is due for completion in Q4 2022, and will be published thereafter. As a whole of Government approach has been adopted to the implementation of Housing for All, the update is being coordinated and overseen by the Department of the Taoiseach, in close cooperation with my Department.

Studies and Reviews

Housing Schemes

Questions (293)

Cian O'Callaghan

Question:

293. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the total spend on RAS, HAP, and long term-leasing to date in 2022, broken down by local authority in tabular form; and if he will make a statement on the matter. [61684/22]

View answer

Written answers

Total spend to end Q3 2022 relating to long-term leasing, the Housing Assistant Payments (HAP) and Rental Accommodation Scheme are attached.

In respect of the provision of HAP funding, Limerick City and County Council provides a highly effective HAP transactional shared service on behalf of all local authorities. This HAP Shared Services Centre (SSC) manages all HAP related rental transactions for the tenant, local authority and landlord. Accordingly, my Department does not recoup individual local authorities in respect of HAP rental payments in their administrative areas but, rather, recoups all landlord costs via the HAP SSC.

Data in relation to funding provided by the State for HAP tenancies in 2019?2021, broken down by local authority area, can be found on my Department’s website at this link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#housing-assistance-payment

This funding represents the portion paid by my Department after receipt of the differential rent which is paid by the tenant to the local authority. It does not include administration costs related to the Scheme.

Finally, my Department publishes comprehensive programme level statistics on a quarterly basis on social housing delivery activity in all local authorities. This data is published on the statistics page of my Department’s website, at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/.

Housing details

Departmental Expenditure

Questions (294)

Cian O'Callaghan

Question:

294. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the housing capital underspend to date in 2022; the amount that he expects will be carried forward into 2023; if this will exceed the 10% cap; and if he will make a statement on the matter. [61686/22]

View answer

Written answers

Capital expenditure in 2022 progressed slower than profiled as a result of construction, and consequently expenditure on construction related activities, being significantly impacted as a result of ongoing economic issues including the restricted operating environment under Covid-19 health and safety protocols that prevailed up to early 2022. This was coupled with the significant level of price inflation to construction materials, supply chain disruption and inflation in the prices of fuel and energy.

There has, however, been an improvement in the delivery environment, supported by measures introduced by this Government to address material inflation and energy costs, through the introduction of the Inflation/ Supply Chain Delay Co-operation Framework.

As is the norm with major capital programmes, the bulk of housing capital expenditure occurs during Q4 when local authorities submit large volumes of claims for recoupment. This level of activity is expected to result in a very significant increase in capital expenditure on housing programmes in the final weeks of the year.

The Finance Act 2004, section 91, provides for the carryover of up to 10% of the REV allocation (Capital) from one year to the next.

For 2023, I have confirmed to the Minister for Public Expenditure and Reform that I am seeking full capital carryover of 10%, amounting to €340m. The details of the allocation of that funding will be published in the REV in December.

Vacant Sites

Questions (295)

Cian O'Callaghan

Question:

295. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of vacant sites identified in each local authority area to date in 2022; the amounts levied in each area under the vacant sites levy; the amounts collected under the levy; the amounts outstanding in unpaid levies in tabular form; and if he will make a statement on the matter. [61687/22]

View answer

Written answers

Under the vacant site levy provisions in the Urban Regeneration and Housing Act 2015 (the Act), planning authorities were empowered to apply a vacant site levy of 3% of the market valuation of relevant properties which were listed on local authority vacant site registers in 2018, which relevant owners were liable to pay in January 2019. The rate of the levy increased to 7% for sites listed on local authority vacant sites registers from 2019 onwards which site owners became liable to pay in January of the following year.

The most recent data available in relation to the collection of the levy is based on returns submitted to my Department, further to the issuing of Circular Letter PL 03/2022 on 25 March 2022 requesting the submission of a progress report on the implementation and collection of the levy by each local authority. This information submitted in 2022, in respect of 2021, is provided in the attached Table.

It should be noted that under section 19 of the Act, unpaid levies due remain a charge on the land in question until they are paid. My Department will continue to engage proactively with local authorities to ensure that all vacant site levies due are paid and that the measure can achieve its full potential.

VSL Payments (in respect of 2021 7% rate)

Planning Authority

No. sites liable 2022 in respect of2021

Value. sites liable 2022 in respect of2021

No. and Value of Demands Issued in respect of2021

No and Value of sites for which payments were collected in respect of2021

No and Value of sites for which payments are outstanding in respect of2021

Carlow

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Cavan

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Clare

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Cork City

6

€434,875.00

6

€434,875.00

3

€315,875.00

3

€119,000.00

Cork County

16

€8,197,000.00

4

€600,250.00

0

€0.00

9

€140,200

Donegal

4

€487,065.00

0

€487,065.00

0

€487,065.00

0

€487,065.00

Dublin City 

24

€4,471,950.00

24

€4,471,950.00

1

€16,450.00

23

€4,455,500.00

DLR 

4

€5,950,000.00

4

€416,500.00

0

€0.00

0

€0.00

Fingal

6

€1,734,250.00

1

€49,000.00

0

€0.00

1

€49,000.00

Galway City

6

€4,550,000.00

0

€0.00

0

€0.00

0

€0.00

Galway County

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Kerry

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Kildare

13

€10,015,000.00

6

€701,050.00

0

€0.00

0

€0.00

Kilkenny

3

2,065,000

2

€1,315,000

0

€0.00

2

€1,315,000

Laois

2

TBD

0

€0.00

0

€0.00

1

€52,500.00

Leitrim

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Limerick

6

€8,315,000.00

6

€577,706.00

0

€0.00

6

€577,706.00

Longford

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Louth

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Mayo

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Meath

11

€9,275,000.00

5

€493,500.00

1

€400,000.00

10

€8,875,000.00

Monaghan

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Offaly

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Roscommon

17

€2,955,000.00

17

€206,850.00

1

€18,375.00

16

€188,475.00

Sligo

21

€20,682,000.00

21

€983,100.00

0

€0.00

21

€983,100.00

South Dublin 

10

€13,845,000.00

10

€969,150.00

0

€0.00

10

€969,150.00

Tipperary

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Waterford

16

€8,702,186.00

0

€0.00

0

€0.00

16

€8,702,186.00

Westmeath

0

€0.00

0

€0.00

0

€0.00

0

€0.00

Wexford

2

€300,000.00

2

€21,000.00

0

€0.00

2

€21,000.00

Wicklow 

14

€4,205,000.00

14

€294,350.00

1

€12,600.00

14

€292,250.00

Total

181

€106,184,326.00

122

€12,021,346.00

7

€1,250,365.00

134

€27,227,132.00

Fire Safety

Questions (296, 310, 311)

Thomas Pringle

Question:

296. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he will report on the fire safety defects uncovered at Phoenix Park Racecourse; and if he will make a statement on the matter. [61699/22]

View answer

Neale Richmond

Question:

310. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if he will reimburse those who have funded essential fire remediation works on their properties that were defective; and if he will make a statement on the matter. [62143/22]

View answer

Neale Richmond

Question:

311. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if he will provide an update on the remediation scheme for those who own defective apartments with fire risk; and if he will make a statement on the matter. [62144/22]

View answer

Written answers

I propose to take Questions Nos. 296, 310 and 311 together.

The Programme for Government sets out a commitment to examine defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing’s report Safe as Houses?, and to assist owners of latent defect properties by identifying options for those impacted by defects, to access low-cost, long-term finance. In response, in February 2021, I established a Working Group to examine the matter.

I received the comprehensive report of the Working Group on 28 July titled Defects in Apartments - Report of the Working Group to Examine Defects in Housing , and I published it straight away. I fully acknowledge the difficulties that homeowners and residents of many apartments and duplexes are facing, and the stress that is caused when defects arise in relation to their buildings.

In that context, on 27 September, I brought a Memorandum to Government to inform Government of the content of the report and of the next steps that I will be taking. I am currently, in consultation with Government colleagues, in the process of developing options with a view to providing support to homeowners who find themselves in a difficult financial situation through no fault of their own.

In this regard, I have established an inter–departmental/agency group with a view to bringing forward specific proposals to Government by the end of the year. In addition, an advisory group has been established to develop a Code of Practice in the context of the Fire Services Acts, to provide guidance to building professionals and local authority building control / fire services, including guidance on interim safety measures.

I have also written to opposition leaders requesting their input on how best to address the issues identified in the Report.

As this work progresses, I am committed to continuing to liaise with key stakeholders such as homeowner representatives and the insurance sector. My Department is also engaging with the Housing Agency for the provision of advice in relation to implementation of the recommendations of the Report

It would be a matter for the local fire services authority to consider fire safety issues in relation to specific developments.

Housing Provision

Questions (297, 308)

Alan Kelly

Question:

297. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage his views on whether modular units like those being constructed for Ukrainian refugees could also be used for social housing tenants in the coming years. [61713/22]

View answer

Alan Kelly

Question:

308. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if he supports putting social housing tenants in modular forms of housing in the future. [62074/22]

View answer

Written answers

I propose to take Questions Nos. 297 and 308 together.

Housing for All is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes an average of 10,000 new build social homes each year in the period to 2030. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency.

Modern methods of construction (MMC) has been identified as a key measure to address increased housing delivery and methods to support increased use of MMC are set out in Pathway 5 of Housing for All. The development of MMC will improve productivity in construction and increase efficiency in residential construction. The development of MMC is being led by the Department of Enterprise, Trade and Employment which has established a MMC Leadership and Integration Group and my Department is represented on this Group. This Group is ensuring the cohesive integration and coordination of the various Government supported MMC initiatives. These initiatives include:

- The establishment of a multi-location Construction Technology Centre, consortium led by the University of Galway;

- A new Demonstration Park for MMC at Mount Lucas, operated by Laois Offaly Enterprise and Training Board; and

- The National Construction Training Centre at Mount Lucas,

All homes delivered using MMC must comply with the Building Regulations, the aim of which is to provide for the safety and welfare of people in and about buildings, and in addition achieve a 60-year durability for all key elements. For new innovative products or systems, not covered by existing standards, compliance with the Building Regulations can be demonstrated by 3rd party certification by an independent approval body, such as National Standards Authority of Ireland (NSAI).

Under Housing for All, the Government will deliver an average of 10,000 new build social homes each year in the period 2022-2030. The Housing for All Action Plan Update and Quarter 3 2022 Progress Report, which was published on 2 November, includes a new action to develop a roadmap with targets for increased use of MMC in public housing. My Department is now working closely with the local authorities to increase the use of MMC in social and affordable housing. Last week the Government agreed to the allocation of up to €100m to pay down loans on sites which can deliver social housing projects linked to accelerated delivery, which will include the use of MMC.

Housing Policy

Questions (298)

Bríd Smith

Question:

298. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will clarify the situation in relation to a couple who are named tenants in a social housing house but who become separated; if it is possible to have one named tenant removed from the tenancy agreement; if so, the way that this is done; if each local authority operates in a different manner; and if this situation is covered by national regulations or by statutory instruments. [61729/22]

View answer

Written answers

Social housing tenancies are typically governed by the tenancy agreement between the social housing tenant and the relevant local authority. The terms of such agreements are matters for each individual local authority as part of their day-to-day management of the social housing system.

While there is no legislative provision to deal with such matters, generally joint tenancies can be voluntarily surrendered to the local authority by one or both parties. Such cases tend to be dealt with on a case-by-case basis and approaches may vary from one local authority to another.

In cases of separation, where one or other party does not agree to voluntarily surrender the tenancy, a judge can order a transfer of tenancy as part of the judicial separation granted.

My Department plans to review the issue of tenancy agreements, and other related matters, as part of the broader social housing reform agenda in 2023.

Domestic Violence

Questions (299)

Bríd Smith

Question:

299. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if clarification will be provided regarding a situation of domestic violence in cases in which a person can have their violent partner removed from the tenancy agreement with their local authority; and if he will make a statement on the matter. [61730/22]

View answer

Written answers

A barring order granted under the Domestic Violence Act 2018 requires the person accused of abusive behaviour, who can be either in an intimate relationship or a non-dependent child of the victim, to leave the home and prohibits that person from entering the home.

Local authorities can remove a perpetrator of domestic violence from a tenancy agreement if they are subject to a barring order and have not returned to the property within a specified period of time as outlined in the tenancy agreement.

Victims of domestic violence may apply for social housing support in their own right while still a joint tenant, including in circumstances where a barring order has been granted. In line with guidance issued by my Department, and which is currently being reviewed, local authorities address any administrative or contractual arrangements arising in relation to the joint tenancy agreement.

Such persons are prioritised for housing support under the respective local authority allocation schemes and local authorities take all steps necessary to expedite arrangements, including ensuring victims who may have had to leave their homes do not remain in emergency accommodation, including refuge facilities, for long periods of time.

Planning Issues

Questions (300)

Mary Lou McDonald

Question:

300. Deputy Mary Lou McDonald asked the Minister for Housing, Local Government and Heritage the actions that he has taken further to a number of allegations of conflicts of interest regarding currently serving board members of An Bord Pleanála; and if he will make a statement on the matter. [61731/22]

View answer

Written answers

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. As evidenced in recent months, I treat any allegations of inappropriate actions or behaviour with the utmost seriousness.

While the Deputy refers to allegations against board members in relation to conflicts of interest, I am only aware of some allegations against one of the six current members of the Board. These alleged areas of conflict of interest pertaining to one of the Board members were highlighted in various printed and social media outlets. At my request, the former Chairperson did examine such allegations and concluded on the basis of the current protocols and provisions in place in the Code of Conduct, he did not find that the relevant board member had acted beyond what is reasonable and pragmatic in fulfilling their duties and obligations.

On 24 August 2022 the Office of the Planning Regulator (OPR) initiated their review of An Bord Pleanála’s (ABP) systems and procedures as part of its reviews programme. The first part was completed on 3rd October 2022, includes the requirement to update the Code of Conduct used by the Board. Part 2 of the OPR review is expected shortly.

In order to uphold trust in the planning system and maintain its on-going functionality, I concluded that a range of actions were required which involved both immediate and medium/longer term actions and In October 2022 I published the Action Plan for An Bord Pleanála which outlines a series of specific measures to address the OPR’s Phase 1 Review recommendations. This Action Plan includes measures to address conflicts of interests, changes to the board appointments system, strengthening the senior management team and the provision of further resources to An Bord Pleanála.

I also received Government approval for the priority drafting of legislation. The Planning and Development and Foreshore (Amendment) Bill 2022, which commenced in the Seanad on 6 December 2022 and is expected to be enacted by the end of this year, deals with certain initial matters requiring immediate action on foot of the Action Plan for An Bord Pleanála, Phase 1 of the Office of the Planning Regulator Review of An Bord Pleanála and other matters relating to addressing board vacancies and the board’s case load in light of its new marine functions. Further more structural changes are proposed in the new Planning and Development Bill approved by Government on 13 December 2022, which will be referred to the Oireachtas for Pre-legislative Scrutiny.

Housing Policy

Questions (301)

Paul Murphy

Question:

301. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will instruct local authorities to extend the fresh start principle for home loans with local authorities, to ensure that it is also offered to those whose mortgages were bought by vulture funds and are now trapped on high interest rates (details supplied); and if he will make a statement on the matter. [61905/22]

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Written answers

The Local Authority Home Loan is a Government backed mortgage scheme for those on modest or low incomes 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.

A ‘Fresh Start’ principle applies for applications to the Local Authority Home Loan. The following categories of persons are eligible to apply for the Local Authority Home Loan under the Fresh Start principle:

- Applicant(s) that previously purchased or built a residential property, but is divorced/separated or otherwise and has left the property and divested themselves of their interest in the property are eligible.

- Applicant(s) that previously purchased a residential property, but have been divested of this through insolvency or bankruptcy proceedings, are eligible to apply. The applicant must be discharged from bankruptcy proceedings. It should be noted that a return to solvency should not be interpreted as a return to creditworthiness, which is a separate assessment.

In recognition of such instances, an exemption to the First Time Buyer eligibility criteria can be applied under the Fresh Start Principle. I currently have no plans to amend the Fresh Start Principle.

Further details can be found on localauthorityhomeloan.ie/

Local Authorities

Questions (302)

Imelda Munster

Question:

302. Deputy Imelda Munster asked the Minister for Housing, Local Government and Heritage if local authorities have legal authority to raise rents specifically for the intention of ringfencing the rent increase to fund local property tax. [61975/22]

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Written answers

The right of local authorities to set and collect rents on their dwellings is laid down in section 58 of the Housing Act 1966. The making or amending of rent schemes, including raising or reducing the rent charged to tenants is an executive function and my department has no role in this regard.

Generally, the majority of the revenue raised by local authorities through the charging of rents is used to support their housing function, including the management and maintenance of their housing stock. However, rental revenue is also used by local authorities to support other functions and budgetary requirements.

Local authorities are liable to pay the tax on their properties in the same way as other residential property owners. There are specific filing and payment arrangements in place for local authorities and local authority residential properties are all included in Band 1 under the valuation system.

It is a matter for the local authority to decide whether it passes on the LPT liability to its tenants or pays the liability without recourse to its tenants.

Wildlife Regulations

Questions (303)

Paul Murphy

Question:

303. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if the current loophole in the Wildlife (Amendment) Act 2010 which permits hunting of deer with one dog should be removed as it is being exploited to engage in carted deer hunting. [61999/22]

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Written answers

The National Parks and Wildlife Service is working to update the Wildlife Act. This is a multi-year project and is currently at an early planning phase.

The issue raised can be examined as part of that work. This will entail an extensive public consultation phase and I would encourage everyone to participate fully in that when the opportunity arises.

Water Services

Questions (304)

Seán Canney

Question:

304. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage when the next round of the rural water programme will be published given that this programme is vital for extensions to local group water schemes and small sewerage schemes which are awaiting funding; and if he will make a statement on the matter. [62013/22]

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Written answers

My Department’s Multi-annual Rural Water Programme, through Exchequer funding, delivers improvements to water services in areas of rural Ireland where there are no public water services.

A working group – the Rural Water Working Group – is considering the composition of the measures for inclusion for funding under the upcoming multi-annual programme and I expect to have their report soon. Once I have had an opportunity to consider it, I will announce details of the programme priorities and an invitation to local authorities to submit bids will follow.

Housing Policy

Questions (305)

Róisín Shortall

Question:

305. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage if he will provide an update on progress to honour a commitment made in the Joint Policy Statement on Housing Options for our Ageing Population in 2019 that 30% of all new dwellings would be built to incorporate universal design principles to accommodate Ireland's ageing population; and if he will make a statement on the matter. [62039/22]

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Written answers

My Department, in conjunction with the Department of Health, published the "Housing Options for Our Ageing Population" policy statement in 2019 which provides policy options in support of a range of housing and accommodation alternatives for older people. The policy statement, together with the third and final Implementation Group report, including an update on Action 4.6 as referred to in the Question, are available on the Government's website at: www.gov.ie/en/publication/83781d-housing-options-for-our-ageing-population-policy-statement/.

Planning Issues

Questions (306)

Alan Kelly

Question:

306. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if he will provide the recommendations that have or have not been completed from the review of An Bord Pleanála published in 2016, in tabular form. [62072/22]

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Written answers

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

The following deferred reply was received under Standing Order 51.
An Organisational Review of An Bord Pleanála was undertaken by an independent expert panel and published in March 2016. An Implementation Group, comprising representation from my Department and An Bord Pleanála (the Board), was established to oversee the implementation of the Review recommendations. The Review contains 101 recommendations relating to:
- simplification of the planning legislation
- improvements to the processes, systems and practices of An Bord Pleanála
- improvements to the organisational structure and staffing
- changes to the statutory objective timeframes and aspects of the Strategic Infrastructure Development process
The Implementation Group published its Terms of Reference and Plan for Implementation in 2016. The Board, supported by my Department, as required, took the lead in the implementation of a large number of the key recommendations, with my Department taking the lead in examining recommendations requiring legislative underpinning. An update, in tabular form, on the implementation status of each of the 101 recommendations contained in the report is attached.
Housing for All – A New Housing Plan for Ireland” sets out a number of objectives with the aim of improving the functioning of the planning system including the comprehensive review and consolidation of planning legislation. Recommendations of the Organisational Review of An Bord Pleanála requiring legislative underpinning are being considered in the context of the review of planning legislation which was led by the Attorney General’s Office and the Department of Housing, Local Government and Heritage, who established a working group of professionals with planning law expertise to assist in this work. An outline of the proposed Planning and Development Bill 2022 was published by my Department on the 13th December 2022 and it is intended to publish the draft bill in early 2023. As such, a number of the 2016 Recommendations will be reviewed in the context of that draft Bill and the recommendations of the Phase 1 and 2 An Bord Pleanála review reports by the Office of the Planning Regulator (OPR).
Finally, the report contains recommendations in relation to the process of appointment to the Board of An Bord Pleanála. The Planning and Development and Foreshore (Amendment) Bill which was passed by both houses of the Oireachtas on the 15th December 2022 outlines a new appointment process for Ordinary members of the Board. Appointments to the Board of An Bord Pleanála will be made through this open, competitive and transparent process during 2023.
[< a href="https://data.oireachtas.ie/ie/oireachtas/debates/questions/supportingDocumentation/2022-12-13_pq306-13-12-2023_en.pdf">An Bord Pleanála Recommendation</a>]
The following deferred reply was received under Standing Order 51
An Organisational Review of An Bord Pleanála was undertaken by an independent expert panel and published in March 2016. An Implementation Group, comprising representation from my Department and An Bord Pleanála (the Board), was established to oversee the implementation of the Review recommendations. The Review contains 101 recommendations relating to:
- simplification of the planning legislation
- improvements to the processes, systems and practices of An Bord Pleanála
- improvements to the organisational structure and staffing
- changes to the statutory objective timeframes and aspects of the Strategic Infrastructure Development process
The Implementation Group published its Terms of Reference and Plan for Implementation in 2016. The Board, supported by my Department, as required, took the lead in the implementation of a large number of the key recommendations, with my Department taking the lead in examining recommendations requiring legislative underpinning. An update, in tabular form, on the implementation status of each of the 101 recommendations contained in the report is attached.
Housing for All – A New Housing Plan for Ireland” sets out a number of objectives with the aim of improving the functioning of the planning system including the comprehensive review and consolidation of planning legislation. Recommendations of the Organisational Review of An Bord Pleanála requiring legislative underpinning are being considered in the context of the review of planning legislation which was led by the Attorney General’s Office and the Department of Housing, Local Government and Heritage, who established a working group of professionals with planning law expertise to assist in this work. An outline of the proposed Planning and Development Bill 2022 was published by my Department on the 13th December 2022 and it is intended to publish the draft bill in early 2023. As such, a number of the 2016 Recommendations will be reviewed in the context of that draft Bill and the recommendations of the Phase 1 and 2 An Bord Pleanála review reports by the Office of the Planning Regulator (OPR).
Finally, the report contains recommendations in relation to the process of appointment to the Board of An Bord Pleanála. The Planning and Development and Foreshore (Amendment) Bill which was passed by both houses of the Oireachtas on the 15th December 2022 outlines a new appointment process for Ordinary members of the Board. Appointments to the Board of An Bord Pleanála will be made through this open, competitive and transparent process during 2023.

Housing Provision

Questions (307)

Alan Kelly

Question:

307. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the planned social housing output in County Tipperary for 2022, 2023, 2024 and 2025. [62073/22]

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Written answers

Under Housing for All, I have set ambitious social housing delivery targets for each local authority out to 2026. The following are the targets for the social housing construction programmes for those years for Tipperary County Council:

2022

2023

2024

2025

2026

230

155

158

170

174

Another action of Housing for All is that local authorities develop Housing Delivery Action Plans to include details of their proposed social and affordable delivery. I understand that Tipperary County Council’s plan is available on their website at the following link: www.tipperarycoco.ie/housing-delivery-action-plan .

In relation to delivery against those targets, my Department publishes social housing delivery statistics on a quarterly basis. This data is available for all local authorities, including Tipperary, up to the end of Quarter 2 of 2022 (with Quarter 3 data currently being finalised) and is available at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/ .

I am keen to support all such social housing delivery, including for those local authorities that have ambition to deliver additional homes above their target levels.

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