Tom Fleming (Kerry South, Independent) | Oireachtas source

There is widespread consensus that the failure to dredge rivers and clear drains is the main contributor in the recent flood episode. National and local government authorities constantly refer to how EU directives, including the water framework directive and EU nature directive, are the main stumbling blocks to dredging rivers and general drainage. However, the European Commission has recently refuted this. It issued a statement on 5 December clarifying that any suggestion to the effect that environmental rules are somehow to blame for recent flooding in Ireland is completely without foundation. The Commission has stated that EU law does not ban dredging. The water framework and floods directives do not include detailed rules on how member states manage their watercourses. Such decisions are decided by the member states themselves. This was contained in the statement by the EU Commission. The Commission further stated that the Irish Government does not need to notify the European Commission about plans to dredge rivers since there is no such obligation in EU legislation. The EU nature directives for birds and habitats do not prevent measures being taken to protect lives and property. In particular, they provide for situations of over-riding public interest to permit activities that may damage a Natura 2000 site but which are necessary for human welfare. The directives do however require an assessment of the options available before a conclusion is reached that such damage is unavoidable.

The general objective of the water framework directive is to achieve good ecological status in water bodies but it provides for exceptions, such as flood protection. It is up to each member state to apply such exceptions according to the conditions provided in the directive. These directives do not prevent measures. For example, the habitats directive does not prevent measures being taken to protect lives and property. In particular, the directive provides for situations of over-riding public interest to permit activities that might damage a Natura 2000 site, but which are necessary for human welfare. The directives do however require an assessment of the options available before a conclusion is reached that such damage is unavoidable, as well as a consideration of any compensatory measures that will be taken. The directives also permit derogation from species protection measures in the interests of public safety as well as other reasons, including socioeconomic reasons. Again, this is provided no satisfactory alternative is available. Therefore, EU environmental legislation does not prevent taking action to address the problems of flooding, but rather provides a framework to help ensure the environmental sustainability of any such measures.

In my county, County Kerry, practical drainage measures to mitigate the future risk of floods could be immediately carried out in the worst flood-damaged areas of the county. These are financially feasible measures. The areas affected include the River Flesk, stretching from Clonkeen, Glenflesk into the lakes of Killarney, the River Lee catchment area in Tralee town and, in Kenmare town, the River Finnihy catchment area, which primarily affects Market Square with continuous flooding. The Finnihy Court area is also affected in that town. These three flood-affected areas are deemed to be definitely the worst in the county. Up to 500 properties are at risk of flooding there. Several families have had to be rescued from their homes in these areas. They evacuated their houses during the course of the floods in December and January.

At this stage, Kerry County Council has estimated costs to be in the region of €4 million, including the cost of materials and staff overtime etc. This costing has been submitted to the two Ministers present in the House tonight, namely, the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, and the Minister for Defence, Deputy Simon Coveney, who also has responsibility for the agriculture ministry. A wide-ranging submission has been made to both Departments. I call on the Ministers to recognise and respond in a substantial way to the submission in the amount of €4 million to both ministries by Kerry county Council.

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