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Thursday, 2 Feb 2023

Written Answers Nos. 234-246

Business Supports

Questions (234)

Verona Murphy

Question:

234. Deputy Verona Murphy asked the Minister for Finance if a rugby club (detail supplied) might be eligible to claim the support of the TBESS; and if he will make a statement on the matter. [5407/23]

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Written answers

The Temporary Business Energy Support Scheme (TBESS) was introduced to support qualifying businesses with increases in their electricity or natural gas costs over the winter months.

Sections 100 to 102 of Finance Act 2022 make provision for the TBESS. The scheme provides support to qualifying businesses - including companies, sole-traders and partnerships - in respect of energy costs relating to the period from 1 September 2022 to 28 February 2023.

A sporting body that carries on a trade, the profits or gains arising from which would be chargeable to tax under Case I of Schedule D, but for the exemption provided for section 208(2)(b) of the Taxes Consolidation Act 1997, will be regarded as an eligible business under the TBESS as regards that trading activity.

Where a sporting body is engaged in a number of activities, only some of which would be regarded as trading activities, then only the electricity and gas costs relevant to that activity may be eligible for support under the TBESS. Only metered gas and electricity costs incurred by the sports body in respect of a location where the activities of a trade are carried on may be included in a claim under the scheme. This may require apportionment of costs between those activities that are trading in nature and those that are not.

Not for profit organisations such as a sporting body that does not carry on a trade that is chargeable to tax, or that would be chargeable to tax but for the tax exemption referred to above, such organisations are not within the scope of the TBESS.

Revenue has published comprehensive guidelines on the operation of the scheme, which includes information on eligibility for the scheme and how claims may be made.

Revenue Commissioners

Questions (235)

Brian Stanley

Question:

235. Deputy Brian Stanley asked the Minister for Finance if the Revenue Commissioners' counter service will be reinstated in Athlone; and if, a counter service is available at any other office of the Revenue Commissioners. [5476/23]

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Written answers

I am advised by Revenue that between 2015 and 2017, a number of their public offices, including Athlone in 2016, transitioned from a walk-in service to an appointments service. However, from the start of the Covid-19 pandemic, the majority of Revenue public offices and the appointment service, closed to the public in line with public health guidelines.

Revenue has now restored its appointment service to complement the extensive online, telephone and postal services already provided.

An appointment can be arranged by calling the Appointment Helpline on 01 738 3660, from 9.30am to 1.30pm, Monday to Friday. The service allows customers to schedule an appointment at a time that suits them and facilitates the scheduling of virtual appointments or in person appointments, if preferred, at the Revenue offices in Dublin, Cork, Limerick, and Galway.

Notwithstanding, Revenue continues to provide a full range of online services for taxpayers to manage their tax affairs, which for the most part removes any requirement to attend public offices. These services, which include an online communications channel through the MyEnquiries system, are available 24/7, are easy to use and are fully secure.

Prison Service

Questions (236)

Richard O'Donoghue

Question:

236. Deputy Richard O'Donoghue asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will address a matter (details supplied) regarding restoration of pay for prison officers. [5414/23]

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Written answers

I have been informed by the National Shared Services Office that the review of the pensions of retired prison officers has now been completed. While the NSSO cannot comment on individual cases, a small number of outstanding updates have yet to issue.  The NSSO expects that these will be provided in the coming weeks.

An Garda Síochána

Questions (237)

Pauline Tully

Question:

237. Deputy Pauline Tully asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the timeframe for the completion of the refurbishment works on Bailieborough Garda station; the estimated cost of these works; and if he will make a statement on the matter. [5301/23]

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Written answers

The project for a new Garda Station at Bailieborough, Co. Cavan includes conservation of the existing former National Irish Bank building and the construction of a new three storey over basement building to the rear on a site of circa 0.15 hectares located on the town’s main street.  The  construction contract value for the works is €10,976,632 excluding VAT.

Construction work commenced in January 2022.  The construction programme is projected to be completed in Quarter 4 2023.

Flood Risk Management

Questions (238)

Carol Nolan

Question:

238. Deputy Carol Nolan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide an update on the measures that are being taken to prevent flooding along the river Shannon, in particular for the midlands region; and if he will make a statement on the matter. [5323/23]

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Written answers

There are 13 completed schemes in the Shannon River Basin District (RBD) which are providing protection to over 2,600 properties. There are a further 24 schemes currently being progressed in the Shannon RBD and these include two schemes, Athlone and Springfield which are currently at construction and expected to reach substantial completion in 2023.  On completion, these schemes will provide protection to over 570 properties.

The Springfield/Clonlara (Co. Clare) flood defence scheme is being progressed by Clare County Council, with funding and technical advice being provided as appropriate from the Office of Public Works (OPW). In addition to the OPW funding the costs of the works, the majority of the construction works is being undertaken by the OPW via direct labour. The flood relief scheme involves the construction of a flood protection embankment, land raising, penstock/sluice, pump station and associated works at the townlands of Springfield, Cappavilla North, Cottage and Illaunyregan, Clonlara, Co Clare. The flood defence embankment is in place to protect Springfield/Clonlara from inundations from the River Shannon. A temporary pumping arrangement is in place this winter to provide pumping capacity until delivery and installation of the final scheme pumps in early 2023.

In Athlone, Co. Westmeath, the OPW and Westmeath County Council (WCC) are working together to advance flood relief works for the town with WCC as the Contracting Authority and the OPW funding the costs of the works, in addition to undertaking the construction works with its own workforce.  It is anticipated that the construction works for the Athlone Flood Alleviation Scheme will be completed in late 2023.

Construction is anticipated to commence for the Kings Island flood Relief Scheme in Q3 2023. It is estimated that the full scheme will protect approximately 450 residential and 23 commercial properties.

The Deputy may be aware that the Shannon Flood Risk State Agency Co-ordination Working Group (the Group) was established by the Government in early 2016.  The Group was established, at that time, following severe flooding arising from exceptional weather conditions between December 2015 and January 2016.

The Group’s purpose is to provide a forum where all statutory organisations with roles and responsibilities that involve the River Shannon catchment can further monitor and co-ordinate their respective work programmes to assist with managing flood risk along the Shannon catchment.

The next meeting of the Group is due to take place on 30th  March at which the Group will discuss a range of issues relating to work underway to assist with flood risk management along the River Shannon, including:

- the approval of the Group’s work programme for 2023 which demonstrates the extensive range of planned activities by the members of the Group, which may help to manage flood risk along the River Shannon,

- a project for the removal of constrictions or ‘pinch points’ through the Callows region between Athlone and Meelick weir, 

- maintenance activities that can enhance the conveyance capacity and halt the deterioration of the channel,

- trialling the lowering of the lake levels on Lough Allen to help to help mitigate potential flood risk,

- work to identify possible measures to manage vegetation which has built up downstream of the University of Limerick and the Mulkear River.

Departmental Policies

Questions (239)

Seán Sherlock

Question:

239. Deputy Sean Sherlock asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will outline the process for the selection of sites for modular housing; the process and timeline once a site investigation report is made and the determining factors in deciding what is and what is not a suitable site. [5397/23]

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Written answers

Since the invasion of Ukraine by Russia’s armed forces in February 2022, Ireland has welcomed almost 70,000 Ukrainian people who have fled the war in their country. The EU’s Temporary Protection Directive provides the legal framework for assisting Ukrainians entering the EU who are officially called Beneficiaries of Temporary Protection (BOTPs).

The Government’s overall humanitarian response is coordinated with our EU partners and other countries. Because of the sudden and unprecedented numbers of new arrivals in the State over such a short period of time, the Government, of necessity, has had to use a range of accommodation sources to facilitate displaced Ukrainians.  These include hotels, guesthouses, former religious buildings, sports halls, youth hostels, scout dens, arenas, holiday villages and tented camps as well as space in privately owned homes pledged through the Irish Red Cross.

On 11th April 2022, the Government agreed that the Department of Housing Local Government and Heritage (DHLGH) would lead on addressing the medium and long-term need to develop capacity for Ukrainian arrivals including the possible provision of modular accommodation. A Task-force was set up, led by the DHLGH, to oversee a 3-streamed approach to rapid build, refurbishments and new builds.

On 28th June, 2022, the Government authorised the roll-out of the rapid build homes programme to provide accommodation for 2,000 Ukrainians nationals, in 500 family units at several sites across Ireland.  Since then, my Office has been working collaboratively with the Department of Children, Equality, Disability, Integration and Youth as the Lead Department, and a range of other bodies such as the Department of Housing, Local Government, and Heritage, local authorities, Irish Water, ESB networks and Open Eir to deliver the rapid build home programme.

In general terms, DCEDIY require sites that are within walking distance to services such as schools, GPs, public transport, retail and childcare taking into account town population and location. 

From a technical perspective, the OPW assesses criteria such as size, level ground, nearby access to all utility facilities such as waste, water, electricity and data connectivity. In addition, the availability of a separate access from a main road available to the sites, no flooding risk or historic/archaeology on or around the site are also considered a minimum criteria.

Following a site investigation report, the foundation type and the attenuation to the service water is ascertained.  This essentially informs how the site enabling works will be carried out. Issues such as invasive species, topography of the site and dilapidation including all site boundaries are assessed.

The manufacturing period for the production of the rapid build homes requires a minimum of 10 weeks and the timeframe for enabling works on sites is a minimum of 12 weeks. The timeline varies greatly depending on the nature and quality from the perspective of site conditions, existing services and the outcome of the site investigation.

My Office recognises the urgency of this programme and this has been the cornerstone in the determination of site suitability to achieve delivery.

Departmental Contracts

Questions (240)

Michael Ring

Question:

240. Deputy Michael Ring asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if there was a tender process for projects (details supplied); and if he will make a statement on the matter. [5469/23]

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Awaiting reply from Department.

Departmental Contracts

Questions (241)

Michael Ring

Question:

241. Deputy Michael Ring asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will outline the procedure in relation to the construction phase of projects (details supplied); and if he will make a statement on the matter. [5471/23]

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Awaiting reply from Department.

Energy Policy

Questions (242)

Paul Kehoe

Question:

242. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the supports that can be made available to a person (details supplied) to assist with the provision and conservation of energy in their home; and if he will make a statement on the matter. [5347/23]

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Written answers

The Built Heritage Investment Scheme (BHIS) is a scheme for the repair and conservation of structures on the local authority Record of Protected Structures (RPS). It is designed to leverage private capital for investment in small-scale conservation projects across the country and to support the employment of skilled conservation professionals. Match-funded grants of up to €15,000 may be awarded under this scheme.

Under the BHIS, owners of eligible historic properties may apply for funding to assist with certain conservation-appropriate energy-efficiency measures in their home. 

In order to qualify the works must be appropriately detailed, using materials suitable for use in an historic building, and specified by a qualified conservation professional. The building must be in good repair and well-maintained.

Qualifying energy efficiency works may include:

- Draught-proofing of windows, doors and other openings

- Attic/loft insulation to pitched roofs

- Replacement of outdated services with high-efficiency units and updated controls

- Repair and upgrading of historic window shutters

- Installation of appropriately detailed secondary glazing

- Insulation of suspended timber floors

For further information and advice on carrying out works to a protected structure and the BHIS, the owner is advised to contact the Architectural Conservation Officer within the relevant local authority.

My Department has also published advice for owners/custodians of historic buildings on how to improve their energy efficiency. This document is entitled ‘Energy Efficiency in Traditional Buildings’ and is available on my Department’s National Inventory of Architectural Heritage  website at the following link: buildingsofireland.ie/resources.

My Department is currently liaising with SEAI and others to publish more detailed technical guidance later this year on the subject of improving energy efficiency in historic/traditional buildings. The implications for grant schemes will be considered once the guidance is finalised.

Pension Provisions

Questions (243)

Aengus Ó Snodaigh

Question:

243. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage the reason for the continuing delay in resolving the dispute in relation to the pension benefits due to a person (details supplied); and if he will make a statement on the matter. [5398/23]

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Written answers

The award of any pension entitlements is a decision of the employing organisation.  Any dispute in this regard is primarily a matter between the employee and that organisation/pension administrator, which, in this case, is Dublin City Council. I have no role in this regard.

Nursing Homes

Questions (244)

Verona Murphy

Question:

244. Deputy Verona Murphy asked the Minister for Housing, Local Government and Heritage the considerations his Department is giving to the suspension of commercial rates for private nursing homes in Ireland given the surging costs being incurred by private nursing home providers; and if he will make a statement on the matter. [5426/23]

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Written answers

The Valuation Office have the statutory responsibility for determining if a property is liable for rates. The Valuation Office is independent in the discharge of its function. Local authorities are under a statutory obligation to levy and collect rates on any property used for commercial purposes, in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The Valuation Act 2001, as amended by the Valuation (Amendment) Act 2015, provides that all buildings used or developed for any purpose are rateable unless expressly exempted under Schedule 4 of the Act.  Such exempt buildings would principally include those used for public worship, education and health care provided on a not-for-profit basis, and charitable purposes.

Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make and carry out a scheme, providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to the consent of the Minister for Housing, Local Government and Heritage. No rate waiver schemes have been consented to in respect of commercial property.

Local authorities work closely with ratepayers experiencing difficulty in the payment of commercial rates. In this regard, local authorities facilitate the payment of commercial rates by instalments, and work with businesses to put in place flexible payment options that reflect capacity to pay.

My Department has no proposals under consideration for a suspension of commercial rates for private nursing home service providers.

Road Projects

Questions (245)

Éamon Ó Cuív

Question:

245. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when a response will issue to proposed amendments that were submitted by Galway County Council to the heritage section of the National Parks and Wildlife Service in September 2022 for approval in relation to the method statements for the upgrade of the road from Bunakill to Claremont on the N59 in accordance with the planning permission for this project; the reason for the delay in reverting to the County Council on this matter; and if he will make a statement on the matter. [5447/23]

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Written answers

Staff of the National Parks and Wildlife Service (NPWS) of my Department have been working with Galway County Council in relation to this project. A method statement prepared by Galway County Council, which outlined the methodology for the topographical survey along the N59 (Bunnakill to Oughterard) as part of the overall N59 Maam Cross-Oughterard Project, was approved in July 2022.  

Two further method statements relating to ground investigation and archaeological investigations were submitted in September 2022 and are being considered by the NPWS. This is a complex case in a designated area and great care is being exercised in giving the matter full and due consideration. The NPWS will revert to Galway County Council as soon as possible.

Land Issues

Questions (246)

Pádraig Mac Lochlainn

Question:

246. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he or his Department officials are aware of ongoing issues in relation to the State regarding boundary disputes arising from the digitisation of land maps; and if he plans to implement the recommendations of the 2014 Report Of The Inter-Professional Task Force On Property Boundaries. [5462/23]

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Written answers

Under the Property Registration Authority (PRA) Digital Mapping Project (2005-2010), Land Registry plans and boundaries were transferred from the paper maps to the digital map. This digitisation was carried out in accordance with the guidelines as set out in the PRA Digitisation Protocol Document. All matters relevant to the transfer of mapping data during the Digital Mapping Project are adequately dealt with within the body of the PRA Digitisation Protocol Document. 

The PRA maintains a title register and the Land Registry map is not, except as provided by legislation, conclusive as to boundaries or extent. This has been the position since the inception of the title registration system in 1891, as provided by section 55 of the Land Registration of Title (Ireland) Act 1891. The registration mapping framework maintained by the PRA is underpinned by its link to OSi topographical data. However, all registrations effected on the National Land Register are based on the original legally executed documents and related map lodged for registration. 

The PRA is aware of the 2014 Report of the Inter-Professional Task Force titled ‘Towards the Registration of Defined Property Boundaries in Ireland’. The recommendations as set out in in Chapter 7 of the Report advocate a move away from the State's long-standing property registration model and are at variance with current registration of title policy and existing legislative provisions. 

The changes advocated in the Report could add additional costs to the conveyancing process, have the potential to disturb existing titles to registered property and exacerbate the risk of boundary disputes. Moreover, implementation of such changes could increase the exposure of the State to compensation claims.

The PRA has established a dedicated and robust process for the ongoing evaluation of mapping queries and each query is investigated fully.  Enquiries, together with supporting documents, should be forwarded by post to Priority Customer Review, Property Registration Authority, Chancery Street, Dublin 7 or by email to QAexternal@prai.ie.

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