◎ OireachtasDB

Dail Éireann · 2023-04-19

Saincheisteanna Tráthúla - Topical Issue Debate

4 issues · 23 contributions · 11 speakers · 5,497 words

In this session

Most used terms in this session

How often each word appears across the whole session, ranked by how distinctive it is to it rather than common to all parliamentary language.

vat 33
slurry 9
farmers 16
housing 24
homelessness 12
method 10
flat-rate 6
road 17
reclaim 6
bags 7
local 22
npws 6

The session in full

Every issue in the order taken: the question as tabled, where there is one, then the exchange.

Teacher Training

FG Bernard Durkan

The reason for this inquiry is to identify issues of a particular importance that arise from time to time and the need to respond by bringing forward the relevant meetings of the committees, if necessary, to deal with these. In particular, I mention housing, which is an ongoing issue that needs to be dealt with very regularly. I also mention health, which is an obvious one because we need to get back on a straight and level path with a view to identifying the issues at an early stage and with a view to resolution. The third issue relates to education and school places and transport. School transport has been an issue of particular importance throughout the country for quite a number of years but without resolution.

FF Anne Rabbitte

I thank the Deputy for raising this issue, which I am taking on behalf of the Minister for Education, Deputy Foley. The initial teacher education policy statement which the Minister launched last month presented a vision for policy and provision across the sector which can ensure that student teachers at primary and post-primary level have the skills to support all our children and young people as learners in the years ahead.

LAB Ivana Bacik

When will the Cabinet committee on health be reviewing or considering the report by Maura Quinn into the proposed secondment of the former Chief Medical Officer, CMO, to Trinity College Dublin? In our view, the report raises a number of serious issues about dysfunction at the heart of Government. First, there was a total lack of proper processes in the appointment as outlined. Second, there was a failure of ministerial accountability where it appears the Minister for Health did not know about, or was not made aware of, what was going on with very senior officials in Government. Most critically, it reveals serious accusations being made by senior civil servants against each other at the heart and centre of Government. This raises particular concerns at this time, especially when so many postgraduate researchers across third level are having difficulty in accessing funding. It is unedifying to see these findings. Will the health committee be considering the report, and if so, when?

FF Anne Rabbitte

The Minister understands the Deputy's desire to ensure that the SETU can achieve its full potential and contribute to the economic and social development of the south east. He will see that there are opportunities for the TU sector to contribute to initial teacher education, as outlined. The Minister hopes that he will understand that her Department's policy consideration is that it is important to ensure our student teachers have excellent preparation that has the advantage of a critical mass in high-quality research and teaching. This policy reflects the findings of international experts on how the structures of initial teacher education in Ireland can best ensure high-quality education. The objective in publishing the policy statement is to improve the overall quality of initial teacher education. This will involve practical measures that will improve available evidence and enhance the already strong collaboration within the sector. It requires collaboration within the sector and also collaboration between Departments and State bodies, such as the Teaching Council. It will ensure that our newly qualified teachers have the necessary tools to support them in their aim of inspiring, enlightening and preparing pupils and students to succeed in life.

Following the recent publication of the initial teacher education policy, statement correspondence has been received from the SETU and a reply is being drafted. Contrary to the Deputy's comments, I cannot look into the crystal ball to see beyond what the Minister has told me. There is no outcome. The draft reply is being produced.

Road Projects

CC Catherine Connolly

B’fhéidir go mbeidh an Teachta in ann píosa ama a shábháil dom. Táimid taobh thiar den am.

FF Éamon Ó Cuív

Beidh sé deacair. Mar is eol don Leas-Cheann Comhairle, tá an obair seo ag teastáil go práinneach ar an mbóthar seo agus caithfidh mé cás láidir a dhéanamh.

The N59, as a coastal national secondary route, was included in Transport 21. The idea was that those parts of the country that were far away from national primary routes would have decent national secondary routes to service them. There are 113 km of N59 in Galway – 80 km from Galway to Clifden and 33 km from Clifden to Leenane. Priority was given to the section from Galway to Clifden. Ten years ago, planning permission was given to upgrade the N59 from Oughterard to Maam Cross, but there was a condition on the planning permission, namely, that method statements had to be agreed with the National Parks and Wildlife Service, NPWS, which is part of the Minister of State's Department and not an independent agency. There was a standoff over these method statements for years. Eventually, agreement was given to do a section of the road from Bunnakill to Maam Cross, which was completed in 2021.

Based on the success of that upgrade of the road – anyone who travels it knows how safe the new section of road is compared with the other section, which is highly dangerous – method statements were submitted to the Department in December 2021. The method statement in respect of the topographical survey was confirmed in July 2022.

However, further questions were raised regarding the ground investigations and archaeological investigation, and further information was provided in September 2022. Now we have a situation where these statements were provided to the Minister of State's Department in September of last year. We are now in the middle of April. There seems to be an inordinate delay in making decisions, and it is not as if we do not have a working model for how to ensure there is no leachate into the groundwater, the lakes or the rivers, irrespective of weather.

In the meantime, the land for the two thirds of the road left to be done has been purchased and fenced by Transport Infrastructure Ireland, TII. As I have said, this road is very deficient and is a danger to people who have to travel it frequently, or to those who use it for going on their holidays, or whatever other purpose they have for going to that part of Connemara. It is also deficient for buses, and again we need more buses on that particular route. The question I am asking the Minister of State is quite simple. Can he outline, in detail, what work has been done since September 2022? Why is there such a delay in deciding a method statement, and when will a decision be made so that this road can proceed to development, in either two sections or one? I understand that the idea is to do the next section from Bunnakill a third of the way in to Oughterard, and the final third again.

The Minister of State might be very explicit in giving me this detailed information, because it looks as if the Department is, once again, sitting on development in Connemara.

GP Malcolm Noonan

Go raibh maith agat, a Leas-Cheann Comhairle, agus go raibh maith ag an Teachta Ó Cuív. The Deputy will be aware that the staff of the NPWS has been working closely with Galway County Council on this project. The development of the Oughterard-to-Maam Cross section was approved by An Bord Pleanála, as the Deputy said, in December 2013. A condition of the consent was that prior to the commencement of the construction, the construction stage erosion and sediment control plan, and all method statements, would be finalised by the construction stage contractor and would be subject to the approval of Galway County Council and the agreement of the NPWS and Inland Fisheries Ireland, IFI.

In July 2022, a method statement was prepared by Galway County Council, which outlined the methodology for a topographical survey along the N59 Bun an Choill to Oughterard as part of the overall N59 Maam Cross-to-Oughterard project, and which was approved. Further method statements, one relating to ground investigation and a second relating to archaeological investigations, were submitted in September 2022. These are being considered now by the NPWS.

This is a complex case in a designated area, namely the Lough Corrib special area of conservation, SAC, which comprises 24 separate qualifying interests, including a number of priority habitats and European protected species as set out in the habitats directive. To ensure a proper outcome to process the development, and a review and improvement of method statements, great care is being exercised. Advices are being sought regarding a number of technical, scientific and administrative matters to inform full and due consideration of the matter, as is warranted.

I appreciate the Deputy's and the local community's desire to see the project progressed, but he will appreciate that we need to tread carefully on this, given the environmental sensitivities. I assure him that officials from the NPWS are working on the issue as a priority. I will ensure they continue to do that, and revert to Galway County Council as soon as possible.

FF Éamon Ó Cuív

The reply is very weak. The reality is that they have been working on this for ten years. Prior to approving the Bun an Choill section, the original plan was to do the whole road. There were a lot of discussions, and ongoing discussions. I was over in the Department myself in the intervening years regarding method statements. It is not yesterday or today that this issue arose.

The second issue that should be understood is that - and this is the irony of it - if the road were built to the modern standards, with settlement pools to prevent the run-off of the road going directly into the streams, it would be much better for the ecology. That is not at issue. Everyone knows that a well-designed, modern road is way better in terms of leachate from the road into the streams than a badly designed, traditional road that we have in Connemara.

The issue revolves around a simple matter, that is, whether the road can be built, taking unexpected weather events into account, without some damage being caused in the actual building of the road due to the weather. It was for that reason that the Bun an Choill section to Maam Cross was allowed to go ahead. There were qualifying interests there, but they were not so severe as in the second section of the road, so that was granted. It was felt that it would become the test case to see if it could be ensured no leachate would get into the water bodies, taking into account all the kind of Connemara weather that we get - and there were dry and very wet periods during the construction of the road. Travelling the new section of road, you will see water on all sides of it. That, according to my understanding, was very successful.

Can the Minister of State be a lot more explicit, either today or by sending it to me in writing, on exactly what work has been done since September 2022 to date, and why it has been delayed so far? From whom has the technical advice been sought? When was it sought? Why was it not sought before that?

Finally, like the Wildlife (Amendment) Bill 2021, "as soon as possible" is becoming a sick joke in this House.

CC Catherine Connolly

Táimid thar am, a Theachta. An tAire Stáit anois-----

FF Éamon Ó Cuív

"As soon as possible" means it is on the méar fhada, agus ní fios cén uair a gheofar freagra. Táimid ag iarraidh cinnidh, nó dáta faoina mbeidh cinneadh againn.

GP Malcolm Noonan

If it is of use to the Deputy, we might provide a more detailed briefing for him. I cannot give him the full response regarding the information he is seeking from me this morning but it might be useful to give him a detailed briefing by NPWS staff regarding the project, and that might be of assistance in providing where we are on the timeline.

Regarding the Wildlife (Amendment) Bill 2021, we are progressing it, and it is on the Order Paper. I hope we will make progress on that this year.

Tax Rebates

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Young farmers can get their grant of 40% or 60% under TAMS for slurry bags. Not being able to reclaim VAT on it, however, is making it more expensive and prohibitive for many farmers to install them, even though they are an excellent solution to slurry issues and problems on farms.

The stock answer to the effect that this is a matter for Revenue, which is independent, is not satisfactory. I have had a number of instances of correspondence from Revenue. I did not take the first answer I got and I pursued the issue, but I have made no progress. It is adamant slurry bags are moveable objects and are not VAT-debatable but I do not accept that. Will the Minister for Finance direct Revenue to carry out a proper categorisation of slurry bags and allow VAT to be reclaimed on them? This is a significant issue at a time when the periods of slurry storage are increasing and farmers are looking at cost-effective options for increasing their capacity. The issue needs to be addressed urgently.

GP Malcolm Noonan

I am not sure whether the prepared reply I am going to outline will give any further assurances to the Deputy but it is the response of the Department. The VAT treatment of goods and services is subject to EU VAT law, with which Irish VAT law must comply. In accordance with the EU VAT directive, farmers can elect whether to register for VAT in respect of their farming business. Farmers who register for VAT have an entitlement to reclaim VAT on costs incurred in respect of the agricultural business. A farmer who has elected to register for VAT and charges VAT on supplies can claim a deduction for VAT incurred in costs used for the purposes of their taxable supplies. A VAT-registered farmer would be entitled to reclaim VAT incurred on slurry storage bags through his or her VAT returns.

Alternatively, farmers can remain unregistered and opt for the flat-rate farmer scheme. This scheme is a long-standing arrangement under VAT law that allows farmers who remain unregistered for VAT purposes to be compensated on an overall basis for the VAT charged to them on their purchases of goods and services. It allows such farmers to charge and retain a flat-rate addition to the sum they charge for the agricultural goods and services they supply in the course of their farming business. The flat-rate addition is calculated as a percentage of the sum payable to the farmer and is a matter of fact based on commercial agreements between the farmer and the customer. The scheme is designed to reduce the administrative burden for farmers and allows them to remain outside the normal VAT system, thereby avoiding the obligations of registration and returns.

Unregistered farmers may also be able to avail of a VAT refund on certain expenses allowed under their value added tax refund order of 2012. The VAT refund order allows for refunds to be claimed on outlay incurred on the construction of a farm building or structure, on the fencing, draining or reclamation of farmland and on the construction of equipment for the purpose of the microgeneration of electricity for use in the farm business. Revenue has advised, however, that outlay for other purposes such as slurry storage bags does not come within the scope of the refund order.

PBP Mick Barry

I want to raise the issue of the so-called broadcasting charge. In response to a parliamentary question I submitted, I was told on 22 March:

Government agreed to establish a Technical Working Group to examine the necessary reform required of the current TV licence system to properly provide for the funding requirements of public service media in Ireland. The Group commenced its work in September last year and is expected to report to me [the Minister] at the end of this month [March] after which the report will be considered by Government.

I am opposed to the current television licence system and I am opposed to a broadcasting charge that includes phones, laptops and so on. I am in favour of a digital tax on the digital media corporations that are making super profits in this State at the moment. I am also in favour of increased funding for public service media. Has that report been submitted yet to the Minister? If not, when does the Taoiseach now expect it?

GP Malcolm Noonan

As I outlined, in accordance with the EU VAT directive, farmers can elect whether to register for VAT in respect of their farming business. I take on board the point the Deputy made about larger farms being more inclined towards VAT registration, but for many small farmers, registering for VAT is an unnecessary complexity that is not possible to justify given the small-scale nature of their business. The farmer's flat-rate scheme, therefore, provided by the EU VAT directive is key to supporting such farmers. It is used by the majority of member states, including Ireland. The current rate for the flat-rate addition is 5% and this is reviewed each year in the run-up to the budget in accordance with the criteria set down in the directive. It is based on macroeconomic data, including the cost of agricultural inputs and production, as well as the prevailing VAT structures averaged out over the three preceding years. The rate for 2023 is based on data obtained from years 2020 to 2022.

Farmers who do not choose to register for VAT have an entitlement to reclaim VAT on costs incurred in respect of agricultural business. As I mentioned, a VAT-registered farmer would, therefore, be entitled to reclaim VAT incurred on slurry storage bags through their VAT returns. Farmers who are not registered for VAT are compensated for VAT incurred on goods and services used in the course of their farming businesses, including the purchase of agricultural equipment, through the flat-rate addition they receive on payments for their supply of agricultural produce and services. Unregistered farmers can also reclaim VAT for the construction, extension, alteration or reconstruction of a building or structure designated for use solely or mainly for the purposes of farming businesses. However, this cannot be extended for other purposes such as slurry storage bags, given Revenue has advised they do not come within the scope of the refund order.

The Deputy could have this conversation with the Minister during the discussions for budget 2024, although I will certainly raise the matter with him on his behalf.

Housing Provision

SF Johnny Guirke

What measures are being put in place in rural areas to prevent an increase in homelessness on foot of the Government's decision to end the ban on no-fault evictions? In my county, Meath, 319 people are in emergency accommodation, including 85 families, 87 children and 130 single people. On top of this, 250 further tenancies have been issued with notices of quit. At present, there is no availability of emergency accommodation in County Meath and, therefore, people from the county are being sent to Drogheda, County Louth. I have been called by people in emergency accommodation in Drogheda who have been on the housing list in Meath for years. I have been contacting the local authorities but have made little or no progress. It is deeply depressing for me, so the Minister of State can imagine what it is like for the people I am representing.

A family who came to my office the other day have been living in their house for more than ten years. They have three kids and have been served with a notice to quit. They earn too much to qualify for the housing list but not enough to get a mortgage. They anticipate they are going to end up in emergency accommodation. Where are they going to go?

Almost all local authorities are at full capacity and no social or affordable housing is available. At the same time, there has been an underspend of €1 billion in the middle of the worst housing crisis in history. Where are people going to go?

FG Leo Varadkar

I thank the Deputies. On Deputy Bacik's question, I join with her in commending the work of An Garda Síochána, the Director of Public Prosecutions, and the courts. As the Deputy said, it is five years since there has been a murder in Ireland linked to a feud involving serious organised crime gangs. Please God, this will continue. I am aware the gardaí have done phenomenal work in that regard as have the prosecutors and the court. Two convictions have been secured this week. There was one acquittal, which was not the outcome the State wanted, but it proves the Special Criminal Court is a place where people get a fair trial. It underlines the case for retaining the court. It is particularly important that we all understand it is one of the reasons we have the two Special Criminal Courts. It is because it allows trials to happen without a jury and it enables us to put some really bad people away who would otherwise intimidate a jury and their family members and make it impossible for there to be a trial at all.

With regard to the independent review, which is being headed up by former Mr. Justice Michael Peart, this is the review of the Offences Against the State Acts. I have not received it and it has not gone to the Government yet. I do not know whether the Minister for Justice has it but I will find out. Ideally, we would like to have it published and debated before June when we will have the vote on the continuation of the Special Criminal Court.

With regard to a citizens' assembly on neutrality and security policy, there was no proposal or draft proposal put to the Government on that. When he was the Taoiseach, I believe the Tánaiste suggested it as an option for consideration but there was never a proposal made to the Government. He gave it further consideration and came up with a different proposal, which was then put to the Cabinet and was agreed. This is the one he is proceeding with at the moment.

On collective bargaining, if my recollection is correct, the commitment we made around legislating for collective bargaining derives from the EU directive on minimum wages and collective bargaining.

SF Martin Kenny

When it comes to the housing crisis, the issue is devastating in all areas of the country. In rural Ireland, as my colleagues have said, it is the same. In my constituency of Sligo-Leitrim, this is a crisis for many families, particularly those in rural areas. I spoke to people in the housing department in recent days. While the guidelines on what to do are clearer now than they were two weeks ago, that has come very late in the day. We have people with notices to quit their properties and the local authority is trying to deal with that as fast as it can. In many cases, it is not doing so quick enough because these guidelines were very late coming to the table. As my colleagues have said, guidelines do not provide housing for people. We need a means to provide housing. Many people with notices to quit are living in rural housing in rural areas, and local authorities, notwithstanding all the guidelines they have, are saying they are not interested in buying those houses. Where are those people to go? That is one of the main issues.

We also have issues where, for example, a family with two children living in a three-bedroom house are being told they are over-housed in a house of that size. There are all kinds of problems in that regard. Many people have incomes that are over the €30,000 threshold. Many have a wage of between €30,000 and €40,000. They are over the threshold to get on the local authority housing list but cannot afford to buy a house. They are left in this precarious situation in rental accommodation. We need a solution for this because what we have had so far are not solutions.

GP Malcolm Noonan

I thank the Deputies. Before I respond, I should point out that this matter was raised in the Chamber last night in the context of the Sinn Féin Private Members' motion. Deputy Harkin also raised it in relation to the north west. The Government is cognisant and mindful of the challenges facing local authorities and people and families across the country, not just in the greater Dublin area and larger urban centres. We are conscious of that. A homelessness prevention workshop was held by the Housing Agency in 2022 focusing on needs and challenges across the country. One of the local authorities, Kilkenny County Council in my constituency, has taken a proactive stance. There is a good pipeline of housing delivery in the county and the council is working on a case-by-case basis with families at risk of homelessness. There is a good system in place for dealing with that. It is not perfect by any means and each local authority deals with the issue differently. There is, however, some good work going on across the country. I am mindful of the issue raised by Deputy Kenny about local authorities not buying houses in rural areas. I think they should do so. It is important that any option to purchase houses is taken up. There are also options for people who are over the income threshold for social housing.

The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 was a time-limited enactment which provided for a stay on eviction notices until 31 March 2023, with deferred tenancy terminations taking effect over a staggered period from 1 April to 18 June. Supporting individuals and families facing homelessness in both urban and rural areas is a key Government priority. The Government and the Minister, Deputy Darragh O'Brien, considered numerous courses of action in advance of ending the winter moratorium period and they believe that a focus on additional new supply is the best way forward. On 7 March, the Minister announced further measures to increase supply of social homes to mitigate the impact of the end of the winter emergency period. These included an increase in the number of supply of social housing acquisitions to 1,500 in 2023 to reduce the number of households at risk of homelessness; an additional 1,000 homes through targeted leasing initiatives in 2023 and 2024; and the amendment of the capital advanced leasing facility used by AHBs to assist them in their efforts to deliver social homes.

The Government has also recently agreed a number of new measures to give tenants the opportunity to buy or remain in their home, including the development of a legislative provision, which may require that a landlord selling a property offers first right of refusal to a tenant or another designated body. Further details of this will be available in due course. That is on an administrative basis from 1 April. The first home scheme board has also agreed to extend eligibility to this cohort who may wish to purchase their property and is now accepting applications from eligible tenants who have received a notice of termination. The local authority home loan may also be of assistance in this regard.

The Department has developed a temporary cost-rental tenant in situ scheme, which will see the Housing Agency acquire a home in order that a tenant who has received an order of termination and is at risk of homelessness, and where the household is not on social housing supports, will be enabled to continue to reside in the property. The scheme has been operating on an administrative basis since 1 April. The measures outlined apply nationwide, including in rural constituencies and counties.

The Minister has also reiterated the importance of being proactive in acquiring properties where a HAP or RAS tenant has received a notion of termination. He has done this both in correspondence and in person with local authority chief executives at the recent housing summits. The Minister is in regular contact with the County and City Management Association, CCMA, and local authorities to ensure all measures we have put in place over the months and weeks are communicated by local authorities and they are proactive in dealing with families on a case-by-case basis to ensure their housing needs are met.

SF Johnny Guirke

There is no social or affordable housing where I come from in rural Ireland. Evictions started to take place on 1 April and will continue right through the summer. There are 250 families facing eviction in County Meath. Where are they going? They are going to Drogheda for homeless accommodation. This has not been addressed. We need a Government that will address these issues, and that will not be done under Fine Gael and Fianna Fáil.

SF Sorca Clarke

What I have heard in the Minister of State's speech is essentially what the local authorities are saying on the ground. It is not his responsibility; it is the local authority's responsibility. In the case of the local authorities they tell people they are not refusing homeless support because they have told them to go to Midlands Simon Community. That is not tangible support. People cannot live in guidance documents. They cannot live in workshops, worthy as they may be. It does not take a mathematician to work out the number of notices to quit across counties Longford and Westmeath versus the 20 properties available to rent today.

I will put another issue to the Minister of State. We have all this talk about the right of first refusal but if a young couple in my constituency are paying between €1,200 and €1,500 per month in rent, where are they to get a deposit to buy the property?

SF Martin Kenny

Many people are paying very high rent and simply cannot afford to save. That is one of the big issues they have. They cannot afford to save the deposit for a house. I mentioned a case in this Chamber last night of a woman in Sligo. She has a deposit of 10% because she received it from her mother. However, she has been turned down because she has to show that 3% of that deposit comes from consistent savings. Her rent increased by more than 30% in the past year. She does not have consistent savings. If she could get the mortgage to buy the property and live in it, her mortgage repayments would be around half of her present rent. Despite this, she is tied up with this red tape. The only consistent factor in all of this is that the Government continues to come with all of this red tape, all of these rules, regulations, difficulties and hurdles for people to jump when they are stressed out of their minds. People are afraid they are going to be put out on the street, yet the Government has all of these regulations that need to be met. It is simply not working and there need to be solutions. The solution is to provide housing for people and for the local authorities to buy houses and put people into them.

GP Malcolm Noonan

I reassure the Deputies that we are providing housing. It is not an issue of passing the buck to local authorities. There is collective responsibility and the Government is mindful of that. Resources and funding are not obstacles to the urgent efforts required. More than €215 million has been allocated to homeless services, including homeless prevention in 2023. This funding will ensure local authorities across the country can provide homelessness prevention services, emergency accommodation and other services to households either experiencing or at risk of homelessness. Households experiencing homelessness are supported to exit homelessness to tenancies as quickly as possible.

To assist all stakeholders further to implement ongoing and additional measures to mitigate the impact of the emergency winter eviction ban, the Housing Agency and the Department hosted a workshop on 29 March. It was a successful engagement that ensured those working in the area are equipped to utilise all the tools at their disposal to try to address, prevent and reduce homelessness. The big issue is increasing supply and the Government is firmly committed to doing so. Extending the eviction ban would not have done that.

We had almost 30,000 homes - we have put out the figures and they are correct - completed in 2022, a 45% increase on the figure for 2021, but we know and we are mindful that we need to do more. We can see the activation right across the country, with projects on site this year as well, in social, affordable and other forms of tenure. The solution lies in supply, but I reiterate the point that local authorities need to work individually with families. I know, from my experience with the families I deal with in Kilkenny, that local authorities are working consistently and having success in preventing homelessness and ensuring that families have a pathway towards secure and affordable housing.