Martin Mansergh (Tipperary South, Fianna Fail)

I thank Deputy Breen for raising the matter of breaches to the Fergus embankments this past weekend. I welcome the raising of such issues in the Dáil as before December 2009 such issues were practically never raised, and certainly not in my time as Minister of State.

This matter had not been brought to the attention of the Office of Public Works and it is understood that Clare County Council was also unaware of the event. The primary role for the immediate response to a serious flood event rests with the relevant local authority, which is in this case Clare County Council. In line with national flood policy, the OPW works with local authorities and other State bodies to implement programmes to mitigate future flood risk. In this regard, the OPW, in addition to implementing a range of non-structural measures, carries out a programme of major capital flood relief projects, such as the Ennis flood relief scheme, the second phase of which is currently at tender stage. The aim is to ensure that the preferred solution is one that will afford the required level of protection while also addressing any environmental issues and providing the best value for money.

The Office of Public Works also maintains those drainage schemes undertaken by the office under the arterial drainage Acts, including elements of the Fergus embankment system. Although designed primarily for drainage of agricultural land, these schemes also provide a degree of flood protection. The embankments in the Fergus system fall into three categories. There are those which are the responsibility of the Office of Public Works, those forming part of the Fergus drainage district and those that were in the past the responsibility of the Land Commission.

Following a survey in 1999, a comprehensive programme of major refurbishment works was carried out by Office of Public Works on approximately 14 km of those embankments for which the office is responsible at a total cost of approximately €1 million. The Office of Public Works continues to carry out weekly inspections of these embankments and, where maintenance works are considered necessary, they are undertaken as part of the office's annual programme of maintenance works, in accordance with its statutory obligations under the arterial drainage Acts.

Responsibility for maintenance of the embankments between Clarecastle and Ennis, which form part of the Fergus drainage district, rests with Clare County Council. It has been agreed recently with Clare County Council that a section of these embankments, which is closely linked to and impacts on the Ennis flood relief scheme, will be included in proposed additional flood defences for the town that will be undertaken by the Council with funding from the Office of Public Works.

The embankments that were formerly maintained by the Land Commission include those at Ballynacally, Inishdea, Kildysert and Carrickerry. Following the abolition of the Land Commission, maintenance works in some places have been carried out on these embankments by the relevant landowners. Following representations of behalf of property owners, the Office of Public Works undertook a preliminary study on the feasibility of upgrading the former Land Commission embankments in these areas, which was completed in 2008.

The study examined 27 separate embankments with a total length of approximately 30 km. These embankments generally protect polders or areas reclaimed from the estuary. No dwellings were found to be at risk of flooding in these areas. The study found that the cost of bringing the embankments up to the same standard as the embankments for which the Office of Public Works is responsible would exceed the benefit that would accrue, in most instances by a wide margin. It was concluded that upgrading the embankments to that standard could not be justified having regard to demands on the Office of Public Works for priority flood mitigation works at other locations.

In 2009, the Office of Public Works introduced the minor flood works scheme to provide funding to local authorities to address localised flood problems, where a solution had been identified or could be readily identified. The level of protection afforded by these works varies having regard to the level of risk in each location. To qualify for funding under this scheme, the local authority's proposals must be economically viable and environmentally sustainable.

In 2010 to date, in excess of €11.5 million has been allocated to local authorities under this scheme with approximately €600,000 allocated to Clare County Council. It is open to Clare County Council to apply for funding for mitigation works to those Fergus embankments not maintained by the Office of Public Works that meet the eligibility criteria of the minor flood works scheme. If an application were submitted by the council, it would be given every consideration having regard to the overall funding available to the Office of Public Works for flood risk management. The scheme is still open for further applications this year

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