Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank Deputy Ryan for raising this serious issue. I can assure him that the Department of the Environment, Community and Local Government and I wish to assist in whatever we can. I would first like to clarify the role of the Office of Public Works, Fingal County Council and the Department of the Environment, Community and Local Government. I note the Deputy's reference to other Departments and the need for a co-ordinated on a response to this matter.

Overall responsibility for coastal protection rests with the Office of Public Works. However, management of the situation in Portrane, County Dublin, referred to by the Deputy, is first and foremost a matter for Fingal County Council, which is the local authority for the area. In September 2004, the OPW assumed the role as lead agency for flood risk management in the State. This involves co-ordinating the national flood risk management direction and the actions and activities of Departments, local authorities and other key stakeholders. The OPW also has powers to implement works to reduce the risk of flooding in coastal areas. Local authorities also have such powers directly under the Local Government Acts. The Department of the Environment, Community and Local Government does not, therefore, have any direct role in this matter and is only responsible for the granting of any foreshore lease or licence that may be required to facilitate work at the site. The carrying out of an assessment of the situation in Portrane is a matter for the local authority, which in this instance is Fingal County Council.

I have been advised by the OPW that in 2009 it received an application, under its minor flood mitigation works and coastal protection scheme, for funding of €60,000 for a coastal monitoring programme at Portrane and Rush beaches and that the application was not approved as it did not meet the scheme's criteria. However, it is still open to Fingal County Council to submit a fresh application under the scheme for measures to address erosion problems at Portrane. Any application received will be considered by the OPW in accordance with the scheme eligibility criteria, which includes a requirement that any measures are cost beneficial and have regard to the overall availability of resources for flood risk management. Application forms and related guidelines are available on the OPW website.

As I have already said, my role in cases such as this relates to consideration of foreshore consent applications should any works be proposed for the foreshore. On this specific matter, an application was made by Fingal County Council for consent under the Foreshore Act 1933 to construct a flood defence system at Burrow Beach, Portrane, to protect houses located on Claremount Road. These works consisted of two elements, namely, removal of sand from a beach situated in Baldoyle Bay special area of conservation, SAC, and the use of that sand to build sandbag flood defences. Following a review of the application by my specialist advisors, significant additional information was requested from Fingal County Council, including adequate mapping to clarify whether the proposed flood defences were located on State-owned foreshore and an environmental appraisal report on the potential effects of the proposed removal of sand from the special area of conservation. In order to strengthen this report, the council was advised to enter into direct consultations with the National Parks and Wildlife Service. The council is also investigating the option of sourcing sand from an inland site negating the need for disturbance of the special area of conservation. The matter currently rests with the council to clarify whether the proposed works are located on State foreshore and whether sand will be removed from the special area of conservation.

We are not sure if a foreshore licence will be required. It is for this reason the mapping has been sought from Fingal County Council. If the sand can be removed from a location other than the special area of conservation, it would be easier for the work to be carried out. I acknowledge that this is a serious issue and thank the Deputy for raising it today.

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