Ms Cliona O'Brien:

Not specifically. If, however, a complaint were to be made regarding the weir, it could probably be included in the discussions that will take place tomorrow. One of the steps we have taken in the past decade to improve the implementation of the directives was the introduction of the birds and natural habitats regulations which I mentioned. There are also key provisions included in the planning and development Acts which relate to this issue. This puts two important responsibilities in place. There is a responsibility on all public authorities not to undertake any activity in a manner that would cause deterioration to the protected sites. This would include a local authority doing something like repairing or reinstating a weir. In addition, there is a requirement for appropriate assessments to be undertaken as part of the planning process. If the county council were to proceed with works, it would need an appropriate assessment in that regard and that application would go to An Bord Pleanála for consideration. All public authorities, including Departments and State agencies, must comply with these requirements. No deterioration to the conservation status of the protected habitats and species is permitted under these directives or the water framework directive.

A key part of an appropriate assessment process when a public authority wishes to carry out works is to identify what effects the works may have on protected sites on habitats and species. Would reinstating the weir affect fish passage in the River Blackwater? Yes, it would. As such, the public authority would have to put in place mitigation measures to ensure no impediments to fish passage happened, among other things. It would have to take into account all the protected habitats and species. The fish passage or bypass channel is like a mitigation for the works which may be carried out on the weir. If what was in place was not working well enough for the habitats directive, its reinstatement would simply not be compliant. I defer to IFI on the science of workings of the fish passage, the channel, etc.. A public authority must put in place mitigation to ensure any works it wishes to carry out comply with the habitats directive.