COVID-19 Queries from TDs - Date: 5th May 2020 - Department of Housing, Local ...
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COVID-19 Queries from TDs
Date: 5th May 2020
1Queries:
4.076 To ask the Minister for Housing, Planning and Local Government to clarify the
guidelines issued to Local Authorities in relation to the operation of allotments; and if
he will make a statement on the matter.
Catherine Connolly TD
4.146 To ask the Minister for Housing, Planning, and Local Government if he will
permit allotments provided by Local Authorities to reopen again on the condition that
strict social distancing will apply; and if he will make a statement on the matter.
Seán Haughey TD
4.334 To ask the Minister for Housing, Planning and Local Government if the
reopening or allowing of limited access to gardening allotments can considered as
an earlier part of any unwinding of covid restrictions given the physical and mental
health benefits of such activity to patrons.
Aindrias Moynihan TD
4.480 Please see below correspondence from constituents regarding the reopening
of allotments which I wish to bring to the department’s attention.
Jack Chambers TD (details supplied)
Reply:
Since 27 March 2020, the Government, based on the advice of the National Public
Health Emergency team (NPHET), has directed everyone to stay in their homes
other than in certain specified circumstances, in order to reduce the spread of the
Covid-19 virus. The Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-
19) Regulations 2020, as amended, which were made by the Minister for Health
provide that people must generally stay at home, or within two kilometres (increasing
to five kilometres from today) and set out the circumstances whereby travel beyond
that is permitted at this point in the response to the Covid-19 pandemic. It is a
matter for individuals, businesses and public authorities to ensure their own
compliance with the Regulations and the Public Health guidance.
Local Authorities decided to close allotments on foot of their analysis of what key
activities should be kept open, either fully or partially, in line with Public Health
guidance during this phase of Covid-19 restrictions. Any review of such activities,
and the restrictions more generally, will be informed by the most up to date
Government decisions and public health advices that inform them.
2In this regard, my Department has been engaging with the relevant bodies to inform
the consideration of activities and functions, including the re-opening of local
authority allotments, in the context of the planned easing of COVID-19 restrictions.
Under the Government’s Roadmap for Reopening Society and Business, published
on 1 May, the re-opening of allotments is provided for as part of a phased return to
work of outdoor workers to be considered in Phase 1 of the easing of restrictions
commencing on 18 May. Further consideration will now be given to the
arrangements to be made in this regard, including ensuring that appropriate social
distancing requirements are observed.
3Queries:
4.294 To ask the Minister to provide guidelines to local authorities to allow them to
conduct local area and full council meetings as soon as possible as there is currently
a serious democratic deficit.
Paul Donnelly TD
4.295 To ask the Minister to report on any legal advice given to council CEO’s on
their role and remit to consult with councillors during this current emergency
situation?
Paul Donnelly TD
Reply:
On 20 April 2020, my Department wrote to Councillor representative organisations,
copying local authority Chief Executives, in relation to the issue of the holding of
Council meetings in the current COVID-19 public health emergency. Copies of these
letters are attached for information.
The letters recognise the critical role of elected Councils and the importance of
holding Council meetings and keeping Councillors fully briefed and involved more
generally in the local democratic process. In this regard, arrangements for Council
meetings are a matter for elected members, but the letters acknowledge that during
the COVID-19 Emergency, in making such arrangements, Councils should take
account of the associated public health measures introduced by the Government. In
terms of compliance with the public health measures, the letters refer to options for
consideration in the context of holding Council meetings and conducting Council
business, including reduced member meetings, alternative venues for Council
meetings and the potential assignment of decisions to Municipal District level, where
feasible.
As there is legal uncertainty associated with resolutions determined or votes taken at
Council meetings convened in a “virtual” space or on an online platform, the letters,
based on legal advice, “strongly recommended that formal decisions, which are
required under statute to be made by a Council at a meeting properly constituted
under the Act, are not taken by Councils meeting incorporeally on online platforms”.
Further work is underway, in consultation with Councillor representative bodies and
local authority management, to ensure that elected Councils can operate to the full
extent of their statutory reserved functions as soon as possible, while having regard
to public health requirements. Future communications from my Department on the
matter will be informed by this process and relevant legal advice.
4Attachments
20 April 2020
Councillor Michael Cahill
President
Association of Irish Local Government (AILG)
Maynooth
Dear Mr President
I refer to the important matter of the holding of Council meetings during this COVID-
19 national emergency and the COVID response measures announced by An
Taoiseach on 27th March and extended on Friday 10th April to Tuesday 5rd May.
Council meetings are an integral and critical part of local democracy through which
elected councils carry out statutory reserved functions and provide policy direction
and oversight to local authorities. Arrangements for Council meetings are a matter
for elected members who must, in accordance with the relevant legislation, ensure
the effective discharge of Council business, including meeting statutory obligations.
In making such arrangements, Councils should take account of the public health
measures introduced by Government, on the advice of the National Public Health
Emergency Team (NPHET), to stem the spread of the COVID-19 virus. Councils
should also have regard to the attached Health Act 1947 (Section 31A - Temporary
Restrictions) (Covid-19) Regulations 2020, as amended (S.I. 121 of 2020) (“the 2020
Regulations”).
The purpose of these measures is to protect the health of elected members and local
authority employees required to support council meetings, as well as members of the
public and/or media who may attend such meetings. Links to the latest public health
information and advice are at Annex 1 below.
Given the current public health advice and the 2020 Regulations, appropriate steps
will have to be taken by Councils to ensure compliance and some matters for
consideration by Councils in holding meetings in this unprecedented period are
presented at annex 2.
5It is noted that casual vacancies have arisen in Councils following the recent
elections to Seanad Éireann. In such instances, the co-option of new members is
governed by the provisions of Section 19 of the Local Government Act 2001 (as
amended). Section 19(4)(a) of the 2001 Act provides that co-options shall be made,
after due notice, “at the next meeting of the local authority after the expiration of 14
days from the occurrence of the vacancy or as soon after the expiration of the 14
days as circumstances permit”.
In relation to “Incorporeal Council Meetings” by way of online platforms, the
Department is of the view that the provisions of the 2001 Act require meetings
convened for a statutory purpose under that Act to be convened in a physical place,
in so far as practicable, the principal Council offices. To convene such meetings, at
which resolutions are determined or votes taken for example, in a virtual space or on
an online platform would give rise to legal uncertainty regarding any decisions taken
by the Council at such meetings. Therefore, it is strongly recommended that formal
decisions, which are required under statute to be made by a Council at a meeting
properly constituted under the Act, are not taken by Councils meeting incorporeally
on online platforms.
It is the case that online platforms and other technologies are being used widely
across the public service and proving invaluable in maintaining operations and
essential services across the State. Indeed, this approach is being used very
effectively by local authorities across their areas of activity. While recognising that
there may be constraints on resources and capacities available at this time, the use
of technological solutions is encouraged by local authorities to ensure that elected
members can carry out their duties and functions. To the greatest extent possible,
elected members should be supported to enable them to engage in Council business
through the use of technology.
If Councils have any specific concerns or matters arising in relation to Council
governance at this time, please contact the Local Government Governance and
Elected Members Section (Email: diarmuid.o’leary@housing.gov.ie;
gary.mcguinn@housing.gov.ie or jeanette.young@housing.gov.ie).
Finally, I would like to take this opportunity to acknowledge the commitment shown
by local authorities in continuing to provide essential local services during this time of
national crisis.
Yours sincerely
6Barry Quinlan
Assistant Secretary
Local Government Division
C.C. Mr Michael Walsh, Chairman, County and City Management Association
(CCMA)
Annex 1:
The latest public health measures, introduced by the Government on the
recommendation of the National Public Health Emergency Team (NPHET), advising
people to stay in their homes can be found here:
https://www.gov.ie/en/publication/cf9b0d-new-public-health-measures-effective-now-
to-prevent-further-spread-o/
Health Service Executive (HSE) guidelines on protecting yourself and others from
COVID-19, including social distancing, are here:-
https://www2.hse.ie/conditions/coronavirus/protect-yourself.html
Important guidance on “cocooning” to protect people over 70 years and those
extremely medically vulnerable from COVID-19 is available here:
https://www2.hse.ie/conditions/coronavirus/cocooning.html
https://www2.hse.ie/conditions/coronavirus/at-risk-groups.html
https://www.gov.ie/en/publication/923825-guidance-on-cocooning-to-protect-people-
over-70-years-and-those-extr/
7Annex 2:
Options for consideration in the holding of Council meetings at this time
1. Reduced member sittings of Councils could be considered, by agreement,
provided there is the required minimum quorum present (25% of total
members plus 1), in accordance with Paragraph 11 of Schedule 10 to the
Local Government Act 2001 (as amended). In this regard, the Department is
aware of instances where Councils agreed that only a quorum of elected
members would participate in the Council meeting and this allowed for social
distancing requirements to be observed in the Chamber.
2. Paragraph 2 of Schedule 10 of the LG Act 20011, places an obligation on local
authorities to make arrangements for accommodation for the holding of
meetings and “in so far as practicable” the place for the holding of meetings
should be the principal Council offices. Where it might facilitate social
distancing requirements, Councils could however decide to designate other
more suitable places for the holding of meetings.
3. Councils could proactively consider assigning appropriate statutory decisions
to municipal district level, in accordance with Section 21 of the Local
Government Reform Act 2014, for example, where it may be more feasible to
conduct meetings of municipal district members in a manner which respects
social distancing requirements. In this regard, local authorities may look to
Schedule 14A of the 2001 Act, as inserted by the Local Government Act 2014
Act, which lists the division of statutory functions between plenary and
municipal level. In particular, Part 2 of Schedule 14A lists those statutory
functions that may be carried out at either plenary or municipal level. Councils
may wish to consider assigning such statutory functions to municipal level in
cases where this has not already been done.
It is recognised that, if a Council wished to explore options 2 and 3 above,
consideration should be given to whether resolutions to amend existing standing
orders may be required and, if so, how this could be achieved in a manner which
complies with public health advice and the 2020 Regulations.
4. Councils may also wish to consult guidance provided by the World Health
Organisation (WHO) - and in particular the advice linked herewith on getting
1 Schedule 10 of the Local Government Act 2001 “Meetings and Proceedings of Local Authorities”
8the workplace ready for COVID-19, including on how to manage risk when
organising meetings:
https://www.who.int/docs/default-source/coronaviruse/getting-workplace-ready-for-
covid-19.pdf
Second attachment
20 April 2020
Councillor Micheál Anglim
Chairperson
Local Authority Members’ Association (LAMA)
Dear Mr Chairperson
I refer to the important matter of the holding of Council meetings during this COVID-
19 national emergency and the COVID response measures announced by An
Taoiseach on 27th March and extended on Friday 10th April to Tuesday 5rd May.
Council meetings are an integral and critical part of local democracy through which
elected councils carry out statutory reserved functions and provide policy direction
and oversight to local authorities. Arrangements for Council meetings are a matter
for elected members who must, in accordance with the relevant legislation, ensure
the effective discharge of Council business, including meeting statutory obligations.
In making such arrangements, Councils should take account of the public health
measures introduced by Government, on the advice of the National Public Health
Emergency Team (NPHET), to stem the spread of the COVID-19 virus. Councils
should also have regard to the attached Health Act 1947 (Section 31A - Temporary
Restrictions) (Covid-19) Regulations 2020, as amended (S.I. 121 of 2020) (“the 2020
Regulations”).
9The purpose of these measures is to protect the health of elected members and local
authority employees required to support council meetings, as well as members of the
public and/or media who may attend such meetings. Links to the latest public health
information and advice are at Annex 1 below.
Given the current public health advice and the 2020 Regulations, appropriate steps
will have to be taken by Councils to ensure compliance and some matters for
consideration by Councils in holding meetings in this unprecedented period are
presented at annex 2.
It is noted that casual vacancies have arisen in Councils following the recent
elections to Seanad Éireann. In such instances, the co-option of new members is
governed by the provisions of Section 19 of the Local Government Act 2001 (as
amended). Section 19(4)(a) of the 2001 Act provides that co-options shall be made,
after due notice, “at the next meeting of the local authority after the expiration of 14
days from the occurrence of the vacancy or as soon after the expiration of the 14
days as circumstances permit”.
In relation to “Incorporeal Council Meetings” by way of online platforms, the
Department is of the view that the provisions of the 2001 Act require meetings
convened for a statutory purpose under that Act to be convened in a physical place,
in so far as practicable, the principal Council offices. To convene such meetings, at
which resolutions are determined or votes taken for example, in a virtual space or on
an online platform would give rise to legal uncertainty regarding any decisions taken
by the Council at such meetings. Therefore, it is strongly recommended that formal
decisions, which are required under statute to be made by a Council at a meeting
properly constituted under the Act, are not taken by Councils meeting incorporeally
on online platforms.
It is the case that online platforms and other technologies are being used widely
across the public service and proving invaluable in maintaining operations and
essential services across the State. Indeed, this approach is being used very
effectively by local authorities across their areas of activity. While recognising that
there may be constraints on resources and capacities available at this time, the use
of technological solutions is encouraged by local authorities to ensure that elected
members can carry out their duties and functions. To the greatest extent possible,
elected members should be supported to enable them to engage in Council business
through the use of technology.
If Councils have any specific concerns or matters arising in relation to Council
governance at this time, please contact the Local Government Governance and
10Elected Members Section (Email: diarmuid.o’leary@housing.gov.ie;
gary.mcguinn@housing.gov.ie or jeanette.young@housing.gov.ie).
Finally, I would like to take this opportunity to acknowledge the commitment shown
by local authorities in continuing to provide essential local services during this time of
national crisis.
Yours sincerely
Barry Quinlan
Assistant Secretary
Local Government Division
C.C. Mr Michael Walsh, Chairman, County and City Management Association
(CCMA)
Annex 1:
The latest public health measures, introduced by the Government on the
recommendation of the National Public Health Emergency Team (NPHET), advising
people to stay in their homes can be found here:
https://www.gov.ie/en/publication/cf9b0d-new-public-health-measures-effective-now-
to-prevent-further-spread-o/
Health Service Executive (HSE) guidelines on protecting yourself and others from
COVID-19, including social distancing, are here:-
https://www2.hse.ie/conditions/coronavirus/protect-yourself.html
11Important guidance on “cocooning” to protect people over 70 years and those
extremely medically vulnerable from COVID-19 is available here:
https://www2.hse.ie/conditions/coronavirus/cocooning.html
https://www2.hse.ie/conditions/coronavirus/at-risk-groups.html
https://www.gov.ie/en/publication/923825-guidance-on-cocooning-to-protect-people-
over-70-years-and-those-extr/
Annex 2:
Options for consideration in the holding of Council meetings at this time
1. Reduced member sittings of Councils could be considered, by agreement,
provided there is the required minimum quorum present (25% of total
members plus 1), in accordance with Paragraph 11 of Schedule 10 to the
Local Government Act 2001 (as amended). In this regard, the Department is
aware of instances where Councils agreed that only a quorum of elected
members would participate in the Council meeting and this allowed for social
distancing requirements to be observed in the Chamber.
2. Paragraph 2 of Schedule 10 of the LG Act 20012, places an obligation on local
authorities to make arrangements for accommodation for the holding of
meetings and “in so far as practicable” the place for the holding of meetings
should be the principal Council offices. Where it might facilitate social
distancing requirements, Councils could however decide to designate other
more suitable places for the holding of meetings.
3. Councils could proactively consider assigning appropriate statutory decisions
to municipal district level, in accordance with Section 21 of the Local
Government Reform Act 2014, for example, where it may be more feasible to
conduct meetings of municipal district members in a manner which respects
social distancing requirements. In this regard, local authorities may look to
Schedule 14A of the 2001 Act, as inserted by the Local Government Act 2014
Act, which lists the division of statutory functions between plenary and
municipal level. In particular, Part 2 of Schedule 14A lists those statutory
functions that may be carried out at either plenary or municipal level. Councils
may wish to consider assigning such statutory functions to municipal level in
cases where this has not already been done.
2 Schedule 10 of the Local Government Act 2001 “Meetings and Proceedings of Local Authorities”
12It is recognised that, if a Council wished to explore options 2 and 3 above,
consideration should be given to whether resolutions to amend existing standing
orders may be required and, if so, how this could be achieved in a manner which
complies with public health advice and the 2020 Regulations.
4. Councils may also wish to consult guidance provided by the World Health
Organisation (WHO) - and in particular the advice linked herewith on getting
the workplace ready for COVID-19, including on how to manage risk when
organising meetings:
https://www.who.int/docs/default-source/coronaviruse/getting-workplace-ready-for-
covid-19.pdf
13Query:
4.476. Minister, Can you confirm if the following is true Minister.
Following on from the serious impact Covid-19 has had on our country, this has
resulted in many Local Authorities not holding their monthly meetings where they
would execute their statutory obligations. Some Local Authorities are keeping their
members informed by teleconferencing but as you know statutory powers cannot be
carried out in this format and I note your advice regarding the possibility of a quorum
physically meeting to carry out these obligations.
My question to you is, for the foreseeable future where the meeting of Local
Authorities is impacted by Covid-19, are you considering implementing a situation
whereby statutory powers would be made by the CEO and the Executive without the
need for elected members being in attendance, I would be grateful for clarification on
this.
Michael Healy-Rae T.D
Reply:
As the Deputy may be aware, on 20 April 2020, my Department wrote to Councillor
representative organisations, copying local authority Chief Executives, in relation to
the issue of the holding of Council meetings in the current COVID-19 public health
emergency. Copies of these letters are attached for information. [Same attachments
as Query ref nos 4.294/295 above]
The letters recognise the critical role of elected Councils and the importance of holding
Council meetings and keeping Councillors fully briefed and involved more generally in
the local democratic process. In this regard, arrangements for Council meetings are
a matter for elected members, but the letters acknowledge that during the COVID-19
Emergency, in making such arrangements, Councils should take account of the
associated public health measures introduced by the Government. In terms of
compliance with the public health measures, the letters refer to options for
consideration in the context of holding Council meetings and conducting Council
business, including reduced member meetings, alternative venues for Council
meetings and the potential assignment of decisions to Municipal District level, where
feasible.
There are no plans to expand the existing executive functions of local authority Chief
Executives. In fact, further work is underway, in consultation with Councillor
representative bodies and local authority management, to ensure that elected
Councils can operate to the full extent of their statutory reserved functions as soon as
possible, while having regard to public health requirements. Future communications
from my Department on the matter will be informed by this process and relevant legal
advice.
14Query:
4.777 To ask the Minister for Housing, Planning and Local Government as the
uncertainty of the impact of COVID continues, will the Government commit to
extending the measures introduced in emergency legislation to ensure to rent
increases for the remainder of the year? Students and their families would benefit
from the certainty of rent prices for the remainder of this year due to the financial
uncertainty they face as a result of the employment market.
Donnchadh Ó Laoghaire TD
Reply:
With effect from 27 March 2020, new emergency measures were introduced into law
to protect tenants during the COVID-19 emergency period. The Emergency
Measures in the Public Interest (Covid-19) Act 2020 prohibits any increases to rent
for the duration of the emergency period. No rent increases can be implemented
during the period, and no additional rent can be payable in respect of any period
falling during the emergency period.
Section 3 of the Act defines the Covid-19 'emergency period' as a 3-month period
commencing upon enactment on 27 March 2020. This definition is subject to section
4 of the Act, which empowers the Government to extend the emergency period, if
necessary, by order.
As Minister for Housing, Planning and Local Government, I can request such a
Government order to be made, having consulted with the Minister for Health and
having received the consent of the Minister for Public Expenditure and Reform. The
aforementioned Ministers and I must be satisfied that it is appropriate to extend the
emergency period having regard to:
- the threat to public health;
- the highly contagious nature of COVID-19; and
- the need to restrict the movement of persons to prevent the spread of COVID-19.
Any decision to extend the emergency period will be taken at the appropriate time
and will be implemented in accordance with the Act.
15Query:
4.819 To ask the Minister for Housing, Planning and Local Government to outline his
engagements with Council managers regarding the loss of revenue to Local
Authorities arising from the Covid19 restrictions; how this loss of revenue is affecting
day to day service delivery; whether additional funding or advance funding is being
made to Local Authorities and if so how much; and to outline what plan the Minister
has put in place to determine the full cost to Local Authorities in terms of lost
revenue arising from the Covid19 restrictions and how this funding shortfall will be
met to avoid reductions in vital council services.
Eoin Ó Broin TD
Reply:
The levying and collection of rates are legally matters for each individual local
authority. Local authorities are under a statutory obligation to levy rates on any
property used for commercial purposes.
My Department has been in continuous engagement with the local government
sector in relation to funding issues, including commercial rates, since the onset of the
COVID-19 emergency. The Government previously agreed with local authorities that
in response to the issues faced by certain ratepayers due to COVID-19, they should
agree to defer rates payments due from the most immediately impacted businesses
for at least a 3-month period. This measure was being implemented by each local
authority in its own area and was announced by the Government on 20 March. In
recognition that this flexibility would have implications for local authorities in terms of
cash flow and critical service delivery, as a short term measure, my Department
made €136m available to local authorities as cash flow support in early April, in order
to ensure the continuation of vital services. This support is comprised of early
payment of the Local Property Tax allocation ordinarily paid from the Local
Government Fund in May and July.
In order to support the local government sector, my Department is continuing to keep
local authority income, expenditure and cash flow generally under review and will
continue to work with all local authorities on both collective and individual issues
arising, building on the very useful engagement that has taken place to date in
relation to a range of financial issues arising for the sector. In addition, my
Department has engaged with the Departments of the Taoiseach, Public Expenditure
and Reform, Business, Enterprise and Innovation, Employment Affairs and Social
Protection, and Transport, Tourism and Sport in relation to commercial rates and
local authority funding issues, as well as the role that local authorities may be in a
position to play in supporting economic recovery.
16To that end, on 2 May 2020, the Government announced that a waiver of
commercial rates will apply to all businesses that have been forced to close due to
public health requirements, from 27 March 2020, for a three-month period. The
estimated cost of €260m will be met by the Exchequer.
The position thereafter will be reviewed at a later date as part of a wider review of
options to support enterprise and employment, and associated local authority
funding implications, once the unwinding of public health restrictions has advanced.
Government has also decided to establish a Restart Fund of €250 million targeting
micro and small businesses that have suffered a dramatic loss of turnover due to the
COVID-19 restrictions. It is intended that this will be a recognition for those
businesses that have maintained engagement with their staff and may be linked to
ongoing employment of those staff. In view of the role that commercial rates can play
in post-COVID economic recovery and the impact on local authority revenues, it was
agreed that this measure should be implemented via a system of Commercial Rates
rebates or waivers. Businesses will receive no more than the equivalent of their 2019
rates bill, capped at €10,000 per business. The technical details of the scheme, and
how the Fund will be administered, will be developed in the coming weeks by my
Department, the Department of Business, Enterprise and Innovation, and the
Department of Public Expenditure and Reform.
17Queries:
4.005 To ask the Minister to outline what building sites are restarting this week?
What Health and Safety requirements are in place to assist physical distancing,
access to water to wash hands , what toilet facilities are required and what canteen
Health and Safety requirements are required before workers are brought back on
site and what H&S inspections are required to ensure public health measures are in
place on building sites ?
Joan Collins TD
4.386 To ask the Minister for Housing Planning and Local Government what if any
exemptions are in place for construction; what category of building do they apply
to; what body is responsible for exemptions and if he will make a statement on the
matter.
Catherine Murphy TD
4.393 To ask the Minister for Housing, Planning and Local Government when a
scheme for local authorities and other parties to apply to have ‘essential’ building
sites re-started was opened, how many applications were made, how many were
granted to April 22 2020 and if he will make a statement on the matter?
Ruairí Ó Murchú TD
4.394 To ask the Minister for Housing, Planning and Local Government which body
or State agency drafted the guidelines and protocols to be used on ‘essential’
building sites now open, whether there was consultation with the CIF or other
relevant bodies and if he will make a statement on the matter?
Ruairí Ó Murchú TD
4.395 To ask the Minister for Housing, Planning and Local Government who is
responsible for ensuring the Covid-19 guidelines and protocols issued for building
sites, that are now opened, are adhered to and if he will make a statement on the
matter?
Ruairí Ó Murchú TD
4.704 To ask the Minister for Housing, Planning and Local Government to indicate if
and when it might become possible to ease the Covid-19 related restrictions on
construction sites and if he will make a statement on the matter.
Bernard Durkan TD
184.817 To ask the Minister for Housing, Planning and Local Government the
distinction made between social housing building sites from other forms of housing in
terms of the suitability to reopen during the COVID-19 restrictions; his view of private
developers reportedly reopening sites in response to social housing sites reopening;
the penalties that such private developers could face; and if he will make a statement
on the matter.
Seán Crowe TD
4.845 To ask the Minister, to clarify which building sites have been designated as
essential projects within the meaning of the COVID-19 health regulations and
therefore have been given leave to re commence construction/operation. Does this
apply only to social housing projects or are there any instances in which this would
apply to privately operated building sites and will he make a statement on the
matter?
Brid Smith TD
Reply:
The Government’s overriding objective during the COVID-19 emergency is to protect
public health and, in that context, physical distancing measures are effective tools to
inhibit the spread of COVID-19. Consistent with the advice of the National Public
Health Emergency Team (NPHET), An Taoiseach announced a range of restrictions
and measures on 27 March 2020 and an associated list of essential services was
published and is available at the following link
https://www.gov.ie/en/publication/dfeb8f-list-of-essential-service-providers-under-
new-public-health-guidelin/.
In relation to construction, the following are considered to be essential:
essential health and related projects relevant to the COVID-19 crisis, and
supplies necessary for such projects;
repair/construction of critical road and utility infrastructure; and
delivery of emergency services to businesses and homes on an emergency
call-out basis in areas such as electrical, plumbing, glazing and roofing.
Across the local authority sector, a range of essential services is being provided,
including the ongoing provision of social housing and emergency accommodation.
Indeed, local authorities are working intensively to ensure that they have sufficient
properties available to meet the needs of families and individuals, who are currently
in emergency accommodation or at risk of homelessness during the current public
health emergency. These properties are essential in terms of preventing, limiting and
minimising the spread of COVID-19.
19Local authorities, in partnership with Approved Housing Bodies (AHBs), are currently
providing housing supports through a very broad range of mechanisms, including
leased and purchased homes, the renovation of any vacant local authority owned
homes and through private rented accommodation. In addition, where alternatives
are not readily available, local authorities have been considering the additional
capacity that exists on a number of social housing build projects, including where
projects were practically complete, with minor final snagging, landscaping, paving
and external works to be completed. At a local level, local authorities have been
engaging with contractors to assess the practicalities of getting these essential
homes finalised.
While it is of course a matter for each local authority, in the first instance, to consider
what constitutes an essential service, it was recognised that housing-related
construction activity needed careful management, including in terms of meeting all
public health guidance. In order to ensure consistency across all 31 local authorities,
my Department has been working with the Housing Agency and the Housing
Delivery Co-ordination Office (HDCO) within the Local Government Management
Agency, on the development of a robust process to confirm the designation of certain
social housing projects as essential projects, including oversight and management of
project arrangements.
It should be noted that one of the key criteria to achieve designation under the above
process is that where works were proposed, the contractor engaged by the local
authority or the AHB is required to confirm that they can undertake the works in
accordance with HSE and Government COVID-19-related public health guidelines
and recommendations.
As of 20 April 2020, designations had issued to 39 projects, comprising 1,159 homes
across 15 local authorities. 35 of these projects are now back on site completing
outstanding works, including snagging and landscaping works, so that families and
individuals can be moved into these homes as quickly as possible.
With regard to consultation with the Construction Industry Federation (CIF), the
process outlined above is a measure to ensure consistency across 31 local
authorities on the designation of specific social housing projects as essential within
the meaning of the Regulations. It is not a framework for the recommencement of
housing development generally or construction activity more widely, which is being
centrally co-ordinated by the Department of An Taoiseach.
In this regard, it should be noted that a National Protocol is being finalised by
Government, employers and trade unions, with the assistance of the Health and
Safety Authority, which will support a gradual restart of economic activity as
restrictions are eased, while protecting the health and safety of workers as they
return to work. The Protocol is being developed following discussions at the Labour
Employers Economic Forum (LEEF), which is the forum for high-level dialogue
between Government, Union and Employer representatives on matters of strategic
national importance.
20The Protocol is referred to in the Government’s Roadmap for Reopening Society &
Business published on 1 May 2020, which sets out the proposed approach to easing
the COVID-19 restrictions and reopening the economy and society in a phased
manner. The Roadmap can be accessed at the following link:
https://www.gov.ie/en/news/58bc8b-taoiseach-announces-roadmap-for-reopening-
society-and-business-and-u/.
The Roadmap sets out a five-phase, risk-based approach to easing restrictions, at
three week intervals, with the first phase proposed to commence on 18 May. As
restrictions are eased, social distancing requirements will continue to apply and the
rate of the virus in the community will be monitored carefully.
Phase 1 of the Roadmap envisages a phased return of outdoor workers, including
construction workers, from 18 May. My Department will continue to engage with the
relevant other Government Departments, agencies, local authorities and other
stakeholders in making the necessary preparations in this regard, insofar as housing
and other relevant construction programmes are concerned.
21Queries:
4.018 - I am emailing again with regard to a couple of queries I have received from
Third level Students regarding rent. My original email was submitted on April 8th. I
have two students, renting privately, has paid up until end of May. She has not been
in the accommodation since the colleges closed on March 10th. Where does she
stand with regard to a possible refund. Similarly I have a been contacted by a
student who has paid up rent til end of May in student only accommodation in Gort
an Corrib in Galway. How does she go about getting refunded for the time from when
the colleges closed to end to the end of the college year in May.
Robert Troy TD
4.377 To ask if guidance will be given to students who have not yet paid their full
accommodation fee to a private landlord. In such a case is the student in question
legally entitled to hold back payment for the Covid-19 period. This being the case
have the Department brought forward any proposals in terms of compensation for
landlords severely affected by this loss of income.
Robert Troy TD
4.820 To ask the Minister for Housing, Planning and Local Government the
measures he proposes to ensure that students can recoup rents and deposits paid to
private landlords for accommodation no longer used during the Covid-19 restrictions;
Matt Carthy TD
4.847 To ask the Minister,if he will ask providers of student accommodation to insure
that residents who had to leave their accommodation as a result of the Covid 19
crisis are refunded for the period in which they have not been resident and if he will
make a statement on the matter?
Brid Smith TD
4.848 If he will seek to meet with the landlords and agents who are refusing to refund
students who had to leave their accommodation as a result of the Covid 19 crisis?
Brid Smith TD
Reply:
With effect from 27 March 2020, new emergency measures were introduced into law
to protect tenants during the COVID-19 emergency period. Tenants cannot be forced
22to leave their rental accommodation during this period, other than in exceptional
circumstances. Initially, these emergency legislative provisions will last for a period
of 3 months, but they may be extended if the Government considers it necessary.
My Department recently published a Guidance Document on COVID-19 supports for
landlords and tenants which sets out the emergency rental measures and income
and other supports available to tenants and landlords during the emergency period.
The Guidance document is available here and a list of Frequently Asked Questions
has been developed and is available here.
The Residential Tenancies Acts 2004-2019 provide for minimum notice periods to be
served by tenants and landlords for tenancy terminations – for example, a student
must provide 28 days notice to end a tenancy of less than 6 months duration or 35
days to end a tenancy of more than 6 months but less than 1 year.
The Acts do not prescribe specific terms and conditions regarding the payment of
rents or deposits for inclusion in individual letting agreements in the private rental
market including the student-specific accommodation sector. Contract law governs
such arrangements.
The specific terms associated with an individual student’s rights and obligations are
likely be set out in a written contract signed by both the student and the landlord.
Engagement between the parties to clarify the respective contractual obligations of
the student and the landlord is key in establishing whether a breach of contract had
occurred.
I understand that where State universities have closed due to Covid-19, they are
generally providing refunds in respect of their directly owned student-specific
accommodation.
Students may wish to contact their third level education providers to seek any
assistance that they might be in a position to provide. If a student cannot come to an
agreement with their accommodation provider, they might wish to contact the
Residential Tenancies Board (RTB) regarding their concerns – https://www.rtb.ie/ -
or to refer a dispute with regard to the non-refund of their deposit for resolution by
the RTB.
The RTB was established as an independent statutory body under the Acts to
operate a national tenancy registration system and to resolve disputes between
landlords and tenants. As Minister, I cannot intervene in particular cases.
23Query:
4.132 Can the question be asked if a landlord has agreed rent increase for HAP prior
to three-month freeze? Can the local authorities now deny that increase due to the
freeze?
Duncan Smith TD
Reply:
Under the Emergency Measures in the Public Interest (Covid-19) Act 2020, the
Government introduced additional supports and protections for renters, beyond the
income supports already agreed with the Department of Employment Affairs and
Social Protection. The Act provides for amendments to the Residential Tenancies
Acts 2004 to 2019, which will operate for a period of 3 months from 27 March 2020.
Provision has been made for the Government to extend this period, if necessary.
All notices of rent increase which were served before the emergency period and
were due to take effect during this period are paused. While tenants are obliged to
pay rent during the COVID–19 emergency period, landlords are not permitted to
increase the amount of rent payable during this period.
Under the Housing Assistance Payment (HAP), a tenant sources his or her own
accommodation in the private rented market. The tenancy agreement is between the
tenant and the landlord and is governed by the Residential Tenancies Acts. HAP
supported tenancies are afforded the same protections available to all private rented
tenancies.
The HAP Shared Services Centre (SSC) manages all HAP-related rental
transactions for the tenant, local authority and landlord. The HAP SSC will proceed
to action any rent increases that were notified and due to take effect prior to 27
March 2020. However, any rent increases that were due to take effect after 27
March 2020 are paused in line with Emergency Measures in the Public Interest
(Covid-19) Act 2020.
While rent increases are prohibited during the period, rent decreases can be
implemented. Outside of the usual rent review cycle, temporary reductions in rent
can be implemented on an informal basis by agreement between the landlord and
tenant. If they decide to do so, parties should clearly agree the conditions in writing
and whether this is intended as a rent reduction for the emergency period or a more
permanent arrangement.
24Query:
4.012 To ask the Minister for Housing, Planning & Local Government the services in
place for people self-isolating to access emergency maintenance providers ie,
plumber, electrician etc to carry out essential repair and maintenance works to their
homes given that they are directed to self-isolate due to their symptoms and if he will
make a statement on the matter.
Aindrias Moynihan TD
Reply:
The Health Act 1947 (Section 31A -Temporary Restrictions) (Covid-19) Regulations
2020, as amended, set out the essential services whose ongoing provision is
permitted under the current COVID-19 related restrictions. Issues in relation to
whether a particular service is encompassed within the Regulations and, if so, the
policy in relation to the public health-compliant provision of such a service to a
person who is cocooning are a matter for my colleague, the Minister for Health.
25Query:
4.115 To ask the Minister for Housing Planning and Local Government how the
Housing Assistance Payment for new applicants is being managed in the current
circumstances; if new applications are being received but more importantly
processed by Local Authorities; if inspection of properties is being undertaken; if his
Department is liaising with the DESP on Rent Assistance Payments as an alternative
and if he will make a statement on the matter.
Catherine Murphy TD
Reply:
Local authorities and the Housing Assistance Payment (HAP) Shared Services
Centre, operated by Limerick City and County Council on behalf of all local
authorities, continue to provide a critical service to all HAP customers. While local
authorities have been putting in place arrangements to reduce direct contact,
because of public health requirements, alternative processes are in place to ensure
a HAP service continues to be provided. This is particularly important for those
applying for support under Homeless HAP in the current crisis.
Under the HAP scheme, priority is currently being given to HAP set-ups and
ensuring that tenancies are maintained and landlords are paid. HAP applications
continue to be received and processed by local authorities and the HAP Shared
Service Centre is continuing to carry out all of the necessary back office activities in
setting up HAP tenancies as normal.
The HAP scheme is underpinned by the Housing (Miscellaneous Provisions) Act
2014, which requires that any dwelling not inspected for compliance with the
standards set out in the Housing (Standards for Rented Houses) Regulations 2019 in
the 12 months prior to the provision of HAP should have an inspection arranged
within the following 8 months. Local authorities have been asked to continue to
observe the requirement to arrange inspections on HAP tenancies within 8 months of
a HAP tenancy commencing (where required). However, local authorities have also
been advised to carry out inspections on HAP properties on a priority basis, if
circumstances warrant an urgent inspection.
As at 27 April 2020, a weekly average of 287 HAP tenancies had been set up in
2020, with 276 tenancies signed-up in the most recent week. Since the HAP
scheme commenced, over 75,900 HAP tenancies have been set-up, over 54,700 of
which are still active.
Short term supports such as Rent Supplement are available to households in rented
accommodation who are unable to meet the cost of their accommodation from their
own resources. Where a person’s financial circumstances have changed due to
COVID-19 and where they are not already supported by the HAP scheme, they
should apply in the first instance for rent supplement provided by the Department of
26Employment Affairs and Social Protection (DEASP). My Department, along with the
Department of Employment Affairs and Social Protection, have set-out the relevant
supports that are available and how to apply for those supports in all public
communications.
27Query:
4.293 To ask the Minister for Housing, Planning and Local Government if he will
outline the advice given to local authorities in relation to the handling of Rebuilding
Ireland Home loans during the Covid-19 pandemic period; if it is the case that loans
will still be processed and can be drawn down as normal.
Darren O’Rourke TD
Reply:
It is recognised that current applicants for a Rebuilding Ireland Home Loan may be
experiencing difficulties arising out of COVID-19 restrictions, including, for example
accessing financial documents; property visits and valuations; solicitors visits etc.
Therefore, local authorities are being asked to show flexibility when dealing with
applicants at all stages of the Rebuilding Ireland Home Loan process from
application through to approval, drawdown and (where relevant) appeal and should
extend the time periods as necessary to accommodate those who may be
experiencing difficulties arising out of COVID 19 restrictions. For existing applicants,
local authorities are advised to ensure that final loan offers are made based on up to
date financial and employment data from applicants as appropriate, having regard to
the implications that COVID-19 has had for many businesses and employers.
On 19 March 2020, I confirmed that homeowners with local authority mortgages
would be able to apply for a mortgage payment break as a result of the COVID-19
emergency. Subsequently, my Department issued Circular 9/2020 to each local
authority confirming that local authority mortgage borrowers who face mortgage
payment difficulties can apply for a mortgage break of up to 3 months.
The mortgage payment break, which applies to all local authority mortgage products,
is available to borrowers who have already faced mortgage difficulties due to the
COVID-19 emergency and those who may encounter difficulties in the near future.
The approach being taken will ensure that no additional costs to the original home
loan balance will arise for any borrower availing of these measures, as borrowers are
not charged interest for the period of the break. At the end of the payment break
period, repayments will be adjusted so that the mortgage will be repaid within its
original term. To achieve this, the break period repayments will be spread over the
remaining mortgage term.
The aim has been to ensure a simplified application process that can be accessed
easily and through which applications can be processed efficiently, so that borrowers
in distress can avail of the payment break quickly. Any local authority borrower
facing difficulties due to COVID-19 should contact their local authority as soon as
possible, in particular to access the application form and information on each local
authority’s website. An agreed Mortgage Payment Break will not adversely impact on
a borrower’s credit record.
28Queries:
4.733 To ask the Minister for Business and Enterprise if there are plans to waiver
commercial rates for a specified time period
David Cullinane TD
4.798 To ask the Minister for Finance the cost of suspending commercial rates for all
SMEs in the state for periods of 3 or 6 months, respectively, and specifically, the cost
to the Central Exchequer of funding the shortfall that would result for local
authorities.
Pearse Doherty TD
Reply:
The levying and collection of rates are legally matters for each individual local
authority. Local authorities are under a statutory obligation to levy rates on any
property used for commercial purposes.
In order to support the local government sector, my Department is continuing to keep
local authority income, expenditure and cash flow generally under review and will
continue to work with all local authorities on both collective and individual issues
arising. In addition, my Department has engaged with the Departments of the
Taoiseach, Public Expenditure and Reform, Business, Enterprise and Innovation,
Employment Affairs and Social Protection, and Transport, Tourism and Sport in
relation to commercial rates and local authority funding issues, as well as the role
that local authorities may be in a position to play in supporting economic recovery.
To that end, on 2 May 2020, the Government announced that a waiver of
commercial rates will apply to all businesses that have been forced to close due to
public health requirements, from 27 March 2020, for a three-month period. The
estimated cost of €260m will be met by the Exchequer.
The position thereafter will be reviewed at a later date as part of a wider review of
options to support enterprise and employment, and associated local authority
funding implications, once the unwinding of public health restrictions has advanced.
Government has also decided to establish a Restart Fund of €250 million targeting
micro and small businesses that have suffered a dramatic loss of turnover due to the
COVID-19 restrictions. It is intended that this will be a recognition for those
businesses that have maintained engagement with their staff and may be linked to
ongoing employment of those staff. In view of the role that commercial rates can play
in post-COVID economic recovery and the impact on local authority revenues, it was
agreed that this measure should be implemented via a system of Commercial Rates
rebates or waivers. Businesses will receive no more than the equivalent of their 2019
rates bill, capped at €10,000 per business. The technical details of the scheme, and
29how the Fund will be administered, will be developed in the coming weeks by my
Department, the Department of Business, Enterprise and Innovation, and the
Department of Public Expenditure and Reform.
30Queries:
4.718 To ask the Minister for Housing to give a breakdown of where the 1060
emergency beds are located geographically and what the criteria is to be allocated
one and how many more he intends to provide and where they will be located.
Richard Boyd Barrett TD
4.846 To ask the Minister for Housing to detail the number of units and locations of
emergency accommodation sourced to accommodate homeless people during the
Covid crisis and the cost of each unit per night.
Brid Smith TD
Reply:
I propose to take Questions 4718 and 4846 together.
The role of my Department in relation to homelessness involves the provision of a
national framework of policy, legislation and funding to underpin the role of local
authorities in addressing homelessness at local or regional level. Responsibility for
the provision of emergency accommodation and related services for homeless
persons is a matter for the local authorities.
As part of the response to COVID-19, my Department is working closely with the
Dublin Regional Homelessness Executive (DRHE), local authorities and the HSE to
ensure the necessary arrangements are in place to protect individuals and families
accessing emergency accommodation. This has included regular meetings with the
DRHE, local authorities and the Chief Executives of homeless NGOs. My
Department is also working with the National Public Health Emergency Team
(NPHET) subgroup for vulnerable persons.
Local authorities nationally have been working to put in place additional
accommodation to allow for the isolation of confirmed or suspected cases of COVID-
19. Significant additional accommodation is also in place to support the appropriate
levels of social distancing in emergency accommodation. In Dublin, where over 70%
of all homeless individuals are located, over 1,000 additional beds have been put in
place to ensure adherence to HSE guidance, in addition to providing beds for
individuals in emergency accommodation who are required to self-isolate. Outside
Dublin, additional beds are also in place, or available for use, for the same purpose.
The additional beds have been put in place in consultation with the HSE and NGO
service providers in a variety of locations, including beds sourced from private
operators. My Department does not hold details on the unit cost of each bed and the
costs will vary depending on the type of accommodation sourced and the location.
In accordance with the delegated funding arrangements in place, local authorities
submit quarterly financial reports to my Department and have been asked to identify
all additional expenditure relating to the COVID-19 response.
31Query:
4.705 To ask the Minister for Housing, Planning and Local Government to indicate
the extent to which landlords with a single house letting have received Covid-19
compensation in lieu of rent and if he will make a statement.
Bernard Durkan TD
Reply:
With effect from 27 March 2020, new emergency measures were introduced into law
to protect tenants during the COVID-19 emergency period. Initially, these emergency
legislative provisions will last for a period of 3 months, but they may be extended if
the Government considers it necessary.
My Department recently published a Guidance Document on COVID-19 supports for
landlords and tenants which sets out the emergency rental measures and income
and other supports available to tenants and landlords during the emergency period.
The Guidance document is available here and a list of Frequently Asked Questions
has been developed and is available here.
Information is included with regard to accessing income supports from the
Department of Employment Affairs and Social Protection and assistance from
mortgage providers.
The specific information requested by the Deputy is not available in my Department.
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