Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I thank the Deputy. This scheme is being progressed under the Arterial Drainage Acts, and therefore is the subject of formal confirmation by the Minister, as he just stated. This is a statutory requirement under the Arterial Drainage Acts, which, under recent European Union regulations of 2019, also require the Minister to carry out an environmental impact assessment of the proposed scheme. This involves a formal review by the Minister for Public Expenditure and Reform of the environmental impact assessment and a Natura impact assessment submitted to him as part of the formal confirmation process.

As part of the confirmation process, stakeholders were afforded a formal opportunity to provide comments on the environmental element of the proposed works. Following this consultation, independent consultants were appointed by the Department to carry out a review of the scheme documentation. Further to this review, the Department requested supplementary information in May 2021. The OPW provided this in July 2021. The Department has advised that it has received final technical reports from their environmental consultants on this supplementary information.

In September, the Department indicated to the OPW the specific conditions under which ministerial consent to progress the scheme might be granted under the Arterial Drainage Acts 1945 and 1995, and sought confirmation from the OPW that it would comply with these conditions.

The OPW confirmed compliance with these conditions to the Department 6 October last. It is important to note that under section 7E of the Arterial Drainage Act Regulations 2019, the Minister can make an order confirming the scheme, refuse to confirm the scheme or refer the scheme back to the commissioners for revision in specified respects. Any decision taken by the Minister under section 7E is subject to judicial review and, as such, it is necessary to ensure that all legal requirements, including any existing or emerging case law, have been fully considered and complied with when making and confirming his decision to ensure that the decision is robust.

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