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Written Answers — Department of Environment, Community and Local Government: Local Authority Issues (17 Dec 2013)

Phil Hogan: I propose to take Questions Nos. 413 and 414 together. I have no function in the regulation of operations of this nature, which, for planning purposes are a matter for the local authority concerned, or for An Bord Pleanala on appeal, and for purposes of integrated pollution prevention and control licensing, where appropriate, are a matter for the EPA. Under the Environmental Protection...

Written Answers — Department of Environment, Community and Local Government: Waste Management Issues (17 Dec 2013)

Phil Hogan: The monitoring and enforcement of conditions attaching to waste licences is a matter for the EPA. Under the Environmental Protection Agency Act 1992, as amended, I am precluded from exercising any power or control in relation to the performance by the EPA of its licensing functions in specific cases. However, in this specific case I understand that the Agency was aware of and provided prior...

Written Answers — Department of Environment, Community and Local Government: Local Authority Staff (17 Dec 2013)

Phil Hogan: In accordance with Article 183 of the Local Government ( Superannuation ) (Consolidation) Scheme 1998 to 2012 (LGSS) , membership of the Spouses & Children’s Pension Scheme is mandatory for all persons who became pensionable on or after 1 January 1986. I understand that the person referred to in the question has availed of the option to have previous service re-instated for...

Written Answers — Department of Environment, Community and Local Government: Local Authority Staff Remuneration (17 Dec 2013)

Phil Hogan: The salaries for county and city managers, effective from 1 July 2013, are set out in the table: Local Authority Manager Salary Dublin City Council € 175,721 Cork County Council Fingal County Council South Dublin County Council € 150,977 Cork City Council Dun Laoghaire-Rathdown County Council Kildare County Council Meath County Council Limerick City and...

Written Answers — Department of Environment, Community and Local Government: Motor Tax Yield (17 Dec 2013)

Phil Hogan: I propose to take Questions Nos. 418 and 419 together. I refer to the reply to Question 105 of 11 December. The position is unchanged. Under section 157 of the Finance (Local Property Tax) Act 2012, from 2014 the Minister for Finance is required to pay into the Local Government Fund an amount equivalent to the Local Property Tax paid into the Central Fund during that year. The uses to...

Written Answers — Department of Environment, Community and Local Government: Consultancy Contracts Expenditure (17 Dec 2013)

Phil Hogan: I propose to take Questions Nos. 420 and 422 together. A range of contracts are in place for the provision of ICT services including training, software and storage provision. While not considered as a consultancy, my Department did engage an external company for the provision of training and continuing professional development of its ICT unit and this contract has not been renegotiated...

Written Answers — Department of Environment, Community and Local Government: Departmental Legal Costs (17 Dec 2013)

Phil Hogan: Each year my Department is required to prepare and submit to the Office of the Comptroller and Auditor General an Appropriation Account of funds expended from Vote 25 in the year concerned. Following audit, the Account is published on the Comptroller’s website and includes details of legal costs incurred by my Department, set out by way of a note to the Account. Data in respect of...

Written Answers — Department of Environment, Community and Local Government: Public Sector Staff Remuneration (17 Dec 2013)

Phil Hogan: Insofar as local authorities are concerned, I refer to the reply to Question No. 417 on today’s Order Paper. All payments made to staff in my Department are made in accordance with Department of Public Expenditure and Reform pay policy. No exemption to pay policy has been made in respect of any official in my Department or in respect of any employee of an agency under the aegis of...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 1a to section 2 is required for the purpose of clarification and confirms the meaning of "emergency". An emergency means any event or circumstance or combination of events or circumstances, arising out of or in connection with pyritic heave, that has occurred or may occur which (a) adversely affects or may adversely affect the structural integrity of a dwelling or any part...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 1 is required for the purpose of clarification and confirms, in a new section 3(3), that the scope of the Bill does not include garages, car parks, gardens, patios or other structures not used as a dwelling, unless the pyrite resolution board is satisfied that to exclude such structures could result in damage to a dwelling which is included in the scheme, or is recommended for...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: It is included. The section is just a definition and I have tried to define what is included.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I agree with the sentiment behind the amendments put forward by Senators Reilly and Darragh O'Brien. I remind them that there are established practices for chairpersons of statutory bodies to appear, upon request, before Oireachtas joint committees. It is also implicit that the chairperson will attend before the Oireachtas committee on the environment on receipt of a request from the...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Senator O'Brien might comment briefly.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I am adopting the standard approach in terms of laying information before the Houses of the Oireachtas for the establishment of any board. It is open to the Oireachtas to discuss the establishment of the pyrite resolution board if the Houses wish to make time available to do so. In any event, upon receipt of a request by the Oireachtas Committee on Environment, Culture and the Gaeltacht, I...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: These amendments are not required having regard to the detailed provisions provided for in the Bill. The Bill provides for the appointment of persons to the pyrite resolution board, the appointment of appeals officers, the establishment of procedures for appeals to an appeals officer, the removal of a person from the board, the filling of a vacancy on the board and the circumstances under...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I do not propose to accept amendment No. 4 because section 9(4) requires the pyrite resolution board to prepare a report annually not later than 30 June each year following its establishment and to submit such reports to my office. It is my intention that the annual reports will include information relating to any gifts received by the board in the context of the operation of the pyrite...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 7 is required to clarify in a new section 14(2)(e)(C) that the pyrite resolution board has flexibility in applying the limits for expenses to be recouped to home owners in respect of alternative accommodation, that is, €3,000 and the removal and storage of furniture, that is, €2,500 during remediation works. These limits can apply individually or to a combination...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I understand where Senators are coming from in respect of this scheme. In any scheme there will be a starting point from which one must proceed. It is like the home improvement grants in the past which required prior approval before the works could commence. Those who had carried out works obviously would feel aggrieved if they had known that a scheme would be introduced. There is always...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: During the Second Stage debate many Senators made the case that this should not be an open-ended scheme which will put a significant burden of cost on the taxpayer. I have confined it to a scheme of last resort to home owners and people in apartments. Those who are in commercial properties have contracts of works with their building contractor or have other means such as suing the contractor...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: We commissioned a report from an independent panel and I am proposing the scheme laid out in that report. We set out the definition of pyritic heave and damage in the legislation. I would like to widen the scope of the scheme if I had the resources to do so, but I have to set parameters. If pyritic damages get worse, the homes will move into the category that will be eligible for...

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