Mr. Kevin Morey:

In August 2018, following an extended period of drought, Cork County Council saw the opportunity to get an updated condition survey and have a full topographical survey of the weir carried out. Cork County Council commissioned these surveys and an associated report on repair works at a cost of €24,600. The report prepared on foot of these surveys set out estimated costs and timelines for rehabilitation of the existing weir as well as for the provision of a new fish bypass in accordance with the requirements of IFI. The report estimated that from the date of appointment of consultants, the process of securing planning and other statutory consents and developing a detailed design and specification would take approximately 18 months. This timescale would not be materially different if permission was only sought for the weir reinstatement and so it would be prudent to include the proposed bypass in the application process to avoid significant time impacts at a later stage.

The estimated cost to bring us to construction tender stage was estimated at €300,000 for the weir repair only and €400,000 for the weir and fish bypass combined. These figures were inclusive of VAT. The estimated costs, inclusive of VAT, for the construction stage were as follows; the repairs to the weir and fish ladder were €1.34 million; and the construction of a new fish bypass was €1.7 million. These estimates were provisional and, in order to get accurate costs, we would need to complete detailed design and go to tender. Construction works could take up to 18 months to completion, depending on seasonal restrictions on in-stream works relative to the contract award date. The nature, scope and extent of these capital works will require funding to be made available by Government at a national level. In October 2018, I wrote to the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, setting out the estimated costs and seeking support funding initially for consultancy costs to bring the project through statutory consents and detailed design. I also highlighted that the council had no funding source for construction costs. A copy of this letter and supporting documentation has been included in the submission. The letter was referred on to the office of the Minister for Communications, Climate Action and Environment.

In recent months, Cork County Council advertised a tender for consultancy services for Fermoy weir and fish bypass. A tender assessment process has taken place and the 30-day appeal window for unsuccessful bidders will end in mid-July. The emerging tender cost for statutory consents and detailed design is in the order of €350,000. Members will note that Cork County Council committed to funding 50% of the overall costs associated with the design works on the basis that Government would fund the remaining balance.

We are pleased to report that following further lobbying, further progress has been made in recent weeks with regard to same. The office of the Minister, Deputy Eoghan Murphy, has stated:

In relation to Fermoy Weir, the funding of the maintenance and repair of Weirs in general, including this Weir, would appear to be a matter for the Office of Public Works and/or Inland Fisheries Ireland and the Minister for Housing, Planning and Local Government has no function in this area and consequently has no specific funding line for such projects. However, in view of the strategic importance of this project to Cork County Council, on the basis that the appropriate body provide the substantive funding required for the consultancy to bring the project through statutory approval and detailed design and in due course to deliver the substantive project in partnership with Cork County Council, the Minister is prepared to make a contribution in support of the initial consultancy element. On that basis, the Minister would be prepared to make a once off exceptional payment to Cork County Council from the Local Government Fund in respect of the expenses to be incurred by Cork County Council in performing its functions in terms of social, community and economic development in County Cork in the pursuance of this project.

This is a significant and positive development and the council is pleased to report that the Minister has committed to co-funding the design consultancy costs involved. Written confirmation of the sum involved has been requested and is awaited.

We have an updated indicative timeline.Based on the foregoing, and upon receipt of confirmation of the necessary co-funding from the Department to the design consultancy costs, the following represents a best case timeframe for implementation of the overall works: summer 2019 - design consultant appointed and design works commence with an anticipated duration of 18 months; end quarter 4 2020 - design works completed, planning approval secured; quarter 1 2021 - tender process commences for procurement of a contractor; and quarter 2 to quarter 4 2021 - construction works commence and are under way. It should be noted that the above is an indicative timeline and is, inter alia, dependent on a range of factors, almost all of which are outside of the direct control of Cork County Council. These dependencies include securing the necessary capital funding of circa €3.5 million from central Government, no unforeseen or unanticipated issues arising with respect to the planning process through An Bord Pleanála, environmental impact assessment, statutory consents, construction works, and so on.

At the previous sitting of this committee, there was discussion of a proposal for a temporary boom. Cork County Council has not seen any detailed technical proposal for the installation of a temporary boom arrangement. However, from what has been outlined to date, we would not expect that a boom would achieve the objective of raising levels upstream. This would require a full-depth barrier which would need to be anchored in some way. Such a barrier would obstruct fish and significantly alter flows, with unpredictable impacts on the weir. This would also require statutory consents as detailed above. This was conveyed by Mr. Healy and me at a meeting held with stakeholders on 13 May 2019.

In response to the Save Fermoy Weir statement and proceedings arising from the Committee on Public Petitions, the council requested that a number of points and clarifications be noted, including the fact that there was no technical input into the Save Fermoy Weir statement submitted, there was no technical person present at its meeting with this committee, there was no ecological input into the statement submitted, there was no ecological person present at the meeting of this committee, and there was no technical assessment of the feasibility of the temporary boom proposal. There were also a number of inaccuracies. For example, it is not correct to state that no repair works were carried out to the weir in recent times. Temporary repairs were carried out on the fish pass ladder in 2013. The council again sought to undertake further temporary repair works throughout 2016 and 2017, but issues around planning compliance, the scope of the works and environmental impacts proved to be an impediment to these works advancing. The layout drawings that were developed for the fish bypass were initial indicative drawings only and were not appropriate to share publicly as they may have been misleading as to the final design solution and location of same. The council is happy to share these indicative drawings with the Committee on Public Petitions on the understanding that they will be treated as indicative only and not for publication. The council is seeking to appoint consulting engineers in order that detailed design layout drawings can be developed, and it would be premature and ill-advised to share any drawings publicly before this process is complete. It is not correct to state that a request for a meeting with senior council management was not facilitated. A request was made for a meeting and a time and date was offered which did not suit. An alternative date was then proposed and the meeting took place on that date, namely, 13 May 2019.

We wish to reassure the committee that Cork County Council is fully committed, funding permitted, to the refurbishment of the Fermoy weir and the actions taken by the council outlined in this statement clearly demonstrate this. The council fully supports and encourages any complementary efforts that are being made to lobby for political support in securing the necessary capital funding that will enable the works to proceed in an expeditious manner. We thank the committee and look forward to our discussion.