Dáil debates
Thursday, 23 April 2015
Derelict Sites (Amendment) Bill 2015: First Stage
1:10 pm
Brian Stanley (Laois-Offaly, Sinn Fein)
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I move:
That leave be granted to introduce a Bill entitled an Act to amend the Derelict Sites Act 1990 to provide for the tightening of regulations in relation to derelict sites and related matters.There is a huge problem with derelict sites in towns and villages throughout the State. People on the Government side of the House will be aware that many places are blighted by the presence of derelict sites. People in the affected neighbourhoods are frustrated by this problem. The substantial numbers of derelict sites in towns in my constituency, including Portlaoise, Mountrath, Rathdowney, Borris-in-Ossory, Portarlington, Mountmellick, Monasterevin and Ballinakill, are causing significant problems. Despite the efforts of Laois and Kildare County Councils, problems are still being encountered by those who are trying to get to grips with this issue. Local authorities are constrained in their efforts to deal with the growing number of such sites, which have mushroomed in recent years following the collapse in the property market. The anti-social activity that is associated with these unsightly locations - they are visually negative in terms of the upkeep of local areas - can be a source of nuisance in neighbourhoods.
The Derelict Sites Act 1990 is not fit for purpose. It is nowhere near adequate to address the problem. The Minister of State, Deputy Kehoe, will be hearing that from councillors in his party, just as I am. We are all hearing it from the public. We are hearing from local authority officials, including at management level, that they have insufficient resources and powers to deal with this issue. The time span for the process through which the local authorities must go is often open-ended. The process has serious flaws because it is literally open-ended. The legislation as it stands is totally ineffective. The Bill I am proposing would narrow the relevant timeframe to 90 days. This would allow a local authority that has the will to do so to close off one of these sites within 90 days.
The penalties provided for under the current legislation - the 1990 Act - are inadequate. A 3% levy is imposed at the point at which a levy can be imposed on these premises. We know it is an onerous task for local authorities to reach that point. Councillors are becoming increasingly frustrated with this. As well as proposing a shorter timeframe with definite cut-off times, so that these issues can be brought to a conclusion more quickly, I suggest that the penalty be increased to 5% in cases in which people do not comply. Many owners of derelict sites comply even though the value of those sites have decreased. They work with local authorities to clean the buildings and give them a facelift, perhaps pending their sale. The good news is that some people do comply. They are an increasing minority.
The fact, however, is that too many owners of these locations do not engage. In many cases, the owners are financial institutions. We heard a great deal of talk here this morning about financial institutions. Some of these unsightly and dangerous buildings and sites are owned by banks. The banks are not registering them in their names. This means they cannot be penalised. We need to tighten the legislation by increasing the annual levy to 5% of the value of the site. At present, a maximum fine of €1,000 can be levied on a person who does not comply by engaging with the local authority in tidying it up or by paying the levy. I am proposing that it be possible for a fine of up to €10,000 to be imposed. Such a fine would not apply to every site, but it should be possible for a judge to impose it where he or she deems it necessary. We need to give that power to the Judiciary and the courts.
It is not acceptable that it currently takes anything up to three years to get one of these locations entered on the derelict sites register. We must reduce that timeframe by providing for a cut-off time. We need to tighten up the legislation by increasing the power of local authorities, including officials and elected representatives, to intervene. We should provide for realistic penalties. We have to give local authorities the powers they need. As my party's spokesperson on local government, I plead with the Government to tighten up the existing legislation. I expect that every Member of the House hears about this issue every day of the week. We need to try to get on top of the problem of derelict sites, because it is blighting towns and villages right across the State.
Michael Kitt (Galway East, Fianna Fail)
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Is the Bill opposed?
Paul KehoeMichael Kitt (Galway East, Fianna Fail)
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Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.
Brian Stanley (Laois-Offaly, Sinn Fein)
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I move: "That the Bill be taken in Private Members' time."