Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputy Kyne for asking this question and giving me an opportunity to update him and the House on the position on the Claregalway scheme.

SI 469 and SI 470 of 2012 give effect in Irish law to EU Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. As the consent authority for flood alleviation schemes under section 7 of the Arterial Drainage Acts 1945 to 1995, the regulations require my colleague, the Minister for Public Expenditure and Reform, to carry out an environmental impact assessment of drainage or flood relief schemes prior to confirmation or approval of the proposed schemes, publicise his decision to confirm or refuse to confirm a proposed drainage scheme, inform the Commissioners and the public of the decision, provide for a process for appeal or review of the decision, and inform the public of this process.

The Clare river or Claregalway drainage scheme was submitted to the Department of Public Expenditure and Reform for ministerial confirmation on 2 November 2013. In accordance with normal procedure, the scheme documentation submitted to the Department included an environmental impact statement, which is a consultant's report of the environmental impacts of the works and the OPW's proposals to mitigate these impacts as far as possible. The Claregalway scheme is the first flood relief scheme submitted for confirmation following the coming into effect of the 2012 regulations and, understandably, the Department needed to consider fully the implications for the confirmation process of the new regulations. Consultations took place with the Attorney General's office to get clarification on how the new regulations should be interpreted and implemented in the context of the confirmation process for drainage schemes. Based on advice received from the Attorney General's office, the Department is in the process of engaging experts to carry out an independent review as part of the assessment of the environmental impact statement of the Claregalway scheme submitted by the OPW. The tender process is nearing completion and the Department expects to be in a position to place a contract shortly.

Deputy Kyne will understand that the scheme can only be confirmed pending the outcome of the expert's review and the conclusion of the required public notification process. I am confident, however, that the proposed works will be found to be environmentally acceptable and the scheme can be confirmed in due course by the Minister and proceed without too much further delay. I assure the House that I and the OPW remain committed to ensuring the scheme will be completed as soon as possible. I assure Deputy Kyne that the OPW has provided for the cost of the works in its profiles of capital expenditure to 2016.

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