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Dáil

Ceisteanna—Questions. Oral Answers. - Local Charges.

asked the Minister for the Environment if he is satisfied that all local authorities are complying with the guidelines issued by him in May relating to the collection of local charges.

Comment on this
Liam Kavanagh Minister for the Environment (Mr. Kavanagh) Labour Party

From the replies received so far from the local authorities concerned I am satisfied that there is a wide general acceptance of the need for a sympathetic approach in accordance with the aims of the guidelines and that a genuine effort is being made by the local authorities to deal with individual cases in accordance with those guidelines.

Comment on this

Will the Minister indicate how many of the local authorities have made a report to him as requested by him in his letter of 1 May 1985?

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I am aware that about 30 local authorities have replied to my communication.

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Would the Minister indicate if he is aware that Dublin Corporation area transfers to local authority tenants are being refused because a tenant owes local charges to the county council? Is that procedure in line with the guidelines which he has laid down?

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I am not so aware. I will have the matter considered.

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We will look after all that now, do not worry.

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Is the Minister aware that I submitted a question to him some weeks ago giving specific details of a case in Ballymun where a family living in overcrowded conditions and with medical priority for transfer to a house were refused the transfer because they were not in a position to pay the local charges to the county council? The corporation are refusing the transfer. Will the Minister indicate if that is in breach of the spirit of his guidelines and if he will request the corporation to allow the transfer to take place?

Comment on this

The general policy cannot be indentified by one case which has arisen. However, if this is the general policy I assure the Deputy that I will have the matter looked into. I would not be prepared to accept one case as representing the policy of the corporation.

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If I might pursue this matter——

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The Deputy will have to pursue it in another way. This is the final supplementary.

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The Minister must be aware that the people do not want the local charges given the result of the recent elections. Will the Minister indicate that he will request that transfers take place in the normal way in the corporation's administrative area without reference to local charges?

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

That is a separate question.

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I will look at the situation and see if this practice is general.

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What guidance has been given to local authorities who have been obliged under the legislation to issue bills for water charges to people who do not avail of water supply from the local authorities?

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This is why the circular was issued. We had evidence that bills were issuing to people who did not avail of the service from the local authority. In such cases we asked for the justification for sending bills to these people.

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Is the Minister aware that this was pointed out to him when the Bill was being debated? He was asked if this practice would be applied to people not availing of the service. The Minister said yes, they would have to pay for the service whether or not they availed of it. The Minister refused to accept an amendment from this side of the House at that time.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

We cannot go back on the debate.

Comment on this

I am not.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I will not allow the Committee Stage of the Bill to be reopened.

Comment on this

Will the Minister agree to change the present system of waiver of the water charges and allow the elected members in each local authority——

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

That is a separate question. This question deals with guidelines and if they are being adhered to.

Comment on this

The guidelines had to be issued because of the utter confusion which prevailed throughout the local authorities because this matter was left as an executive function to the managers. Will the Minister agree that he made a mistake? Will he give the power to the elected councillors rather than to the manager?

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The Deputy obviously has not read the document dealing with the devolution powers which I issued some weeks ago, before the local elections, in which it was indicated that from next year this will be a function for the local authority members.

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Is the Minister stating that members will now have power to draw up a waiver scheme?

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The power to levy charges will now be one for the local authority members.

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Will the elected members have the power in future to draw up a waiver scheme?

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

That is clearly a separate question and the Deputy knows it.

Comment on this

If power is given to the members to raise charges it seems obvious that they will also have power to draw up a waiver scheme.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

Question No. 3.

Comment on this

I will have to pursue it or raise it on the Adjournment.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

If the question was allowed on the Adjournment the line the Deputy is now pursuing might be in order but it is not in order at Question Time.

Comment on this

I am seeking clarification on the guidelines, the position that will obtain following the issue of the guidelines and the changes proposed by the Minister. If the Chair will allow me, I should like to ask the Minister if he will change the Act to allow the members to draw up the waiver scheme?

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I will not allow it.

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The Minister gave misleading information to the House.

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The Minister has not given misleading information to the House.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The Deputy must bear with the Chair. The question asked if the Minister was satisfied that all local authorities are complying with the guidelines laid down by him.

Comment on this

I am referring to the reply the Minister gave to me. Is it proposed to change the Act to allow the elected members to draw up a waiver scheme for water charges? It will require a change in the Act.

Comment on this

A new Bill will be brought in to deal with the change which I propose to introduce, that is, to give powers to the local authorities to apply service charges in their area. This item can be discussed then.

Comment on this

The Minister is now changing his footing.

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I am not allowing a debate.

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I am not changing anything.

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The Minister has not answered my question.

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I answered the question I was asked.

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