Michael McCarthy (Cork South West, Labour)
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I acknowledge the decision of the Leas-Cheann Comhairle to allow me raise this issue, and I thank the Minister of State, Deputy Harris, for his attendance in the Chamber this evening. He has taken a very hands-on interest not just in this scheme but in other west Cork schemes in recent times. This is the second time such an issue has been raised in this forum. There are three schemes in west Cork, at Bandon, Clonakilty and Skibbereen, which the Minister of State has visited. He also met representatives at Skibbereen last week, so I acknowledge the hands-on role that he has taken on the issue, which is appreciated.

We are all well aware of the difficulties people face and the damage caused to property by flooding. The problem is not just damage to property; it is the inconvenience and horror experienced by people, along with subsequent problems such as an inability to obtain insurance and the real fear that it may happen again. That is particularly the case in Bandon. The €10 million Bandon flood relief scheme was first commissioned by the Office of Public Works, in partnership with Cork County Council, following a flood in 2009. The 2009 floods damaged or otherwise affected homes and 190 business properties in Bandon, resulting in approximately €140 million in insurance claims across County Cork. Construction of the scheme was scheduled to commence last spring, but it suffered a major setback last week with the news that it would not start this year due to the possibility of a legal challenge at the pre-qualifying stage from a contractor who has not been placed on the list of contractors from whom bids will be invited. The scheme has suffered serious setbacks, and the latest news has been met with dismay, frustration and even anger locally. The town's planned new sewerage scheme has also been hit with delays, as Uisce Éireann has signalled its decision to redesign the project. These two issues are difficult for people to accept, and the town has effectively been left in limbo, as both schemes have been plagued with delays.

I appreciate that in response to several parliamentary questions raised on the matter, the Minister of State indicated that the Government remained fully committed to the provision of this important scheme for the people of Bandon. As each month passes by, people are becoming increasingly frustrated. Each passing month, particularly at this time of the year, allows for more potential flooding and the possibility of consequent distress and expense for residents and businesses.

I am again making the case that the delay must be addressed. The community, the local residents, the local businesses, the ratepayers and so on should not have to wait this long for this particular scheme. I accept the recent legal aspect could not have been predicted. We have to take this review very seriously and respond appropriately.

Can the Minister of State indicate whether the OPW is in a position to deal with the legal matters separately in order to allow the project to proceed to construction phase? Is it possible to give a timeline for the delivery of that scheme? I am continually grateful to the Minister of State for his interest in advancing this particular project. Some of the delays inexcusable and they add to the frustration but I hope the Minister of State will give me some idea of where the scheme lies.

Simon Harris (Wicklow, Fine Gael)
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I thank Deputy McCarthy giving me the opportunity to address the House on this matter. I also thank him for his kind words. We have had an opportunity engage in a number of schemes in west Cork over the past number of months and I am pleased the Clonakilty scheme is progressing, as is the Skibbereen scheme. Along with Deputy McCarthy's Oireachtas colleagues, I was grateful to meet with the delegation from Skibbereen in recent weeks.

Since my appointment as Minister of State, I have had the opportunity to visit many areas of the country affected by flooding and have met many people who have suffered the consequences of these floods. I am very well aware of the situation in Bandon and of the fear of the people of the town of such events, in particular since the 2009 flood event, to which Deputy McCarthy alluded.

Since that particular flooding in 2009, the Office of Public Works has prioritised the development of a viable flood relief scheme for the town and has been working hard, along with Cork County Council, to achieve the completion of the final design of the scheme and the commencement of construction at the earliest possible date.

With this objective, a scheme has been designed which will benefit more than 360 properties, of which over 140 are residential properties, following significant consultation with all relevant stakeholders. The proposed works, which will be undertaken on the Bandon River, Bridewell River and Mill Stream, include dredging of approximately 3.6 km of the Bandon River, mainly downstream of the town; repair works and modifications to the Bandon Weir; replacement of the existing pedestrian bridge with a new three span pedestrian bridge; underpinning of Bandon Bridge; construction of new flood defence walls and improvement to others; construction of new earthen flood embankments; construction of new culverts; construction of new fish passes; and associated drainage works and services diversions.

The current procurement process to tender for a civil works contractor began in July 2014 when the contract was advertised on the e-tenders website and in the EU Journal. This is a two-stage process, as Deputy McCarthy will know, which involves an initial pre-qualifying stage to shortlist suitable contractors to be invited to tender for the works at the second stage. The pre-qualifying stage involves the interested contractors completing a suitability assessment questionnaire to allow the contracting authority, in this case the OPW, to obtain information from applicants to enable it to assess their capabilities and competency to undertake the works. The questionnaire specifies the criteria that will be used to evaluate the applications, some of which are simple pass-fail criteria, for example, health and safety systems, and others involve additional qualitative assessment, for example, technical competence and experience. This is a standard procedure within the Government construction procurement framework.

The process has now been delayed, unfortunately, as a result of a legal challenge from a contractor who was not placed on the shortlist from which bids were to be invited. The OPW is currently taking legal advice on the matter and, because the matter is before the courts, I am sure Deputy McCarthy will understand that I cannot comment on issues or details surrounding the challenge.

What I can confirm is that I and the Government remain fully committed to the provision of a scheme for the people of Bandon. The OPW has made provision for the cost of implementing a scheme in Bandon in its financial profiles over the years 2015-17. I am confident the current legal issue will be resolved as quickly as possible and that the project can then progress towards the construction stage. The staff in the OPW and their legal advisers are working as hard as they possibly can to try to resolve this matter as quickly as they possibly can.

Once a contractor is appointed and the scheme is underway, it is expected that it will take approximately two years to complete. I understand the frustration people feel at these latest developments and the length of time it is taking to bring this scheme to construction. Both I and the Office of Public Works share this as a frustration given the significant work, engagement and consultation that has been undertaken with the community to get to this point. I also understand the real difficulties that this can cause in terms of the non-availability of flood insurance for households and businesses. I assure Deputy McCarthy and this House that the OPW and its partners, Cork County Council, remain committed to implementing the scheme for Bandon in the shortest possible timeframe.

Michael McCarthy (Cork South West, Labour)
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I thank the Minister of State for his response. The case has been well made. I have pursued it through parliamentary questions and Topical Issues and I acknowledge the involvement of the Minister of State and the interest he has taken not only in the Bandon scheme but also in the Clonakilty scheme. He took time out of his very busy schedule to visit Clonakilty recently. He has also taken a Topical Issue I tabled and met the business group from Skibbereen in Leinster House recently, for which I am grateful.

Could we keep this scheme at the top of the agenda? I would appreciate if we could do whatever is required and is within the capability of the Department so that we can get around this current difficulty and see construction.

All of these schemes are very important, as are all the various stages, but the most important aspect of these works is when one sees the actual work being undertaken. That is when people realise the day of reckoning has come. I ask the Minister of State to keep this on top of the agenda and to give it as much priority as he can.

Simon Harris (Wicklow, Fine Gael)
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I am very happy to give Deputy McCarthy that assurance. This scheme is a priority for the OPW and for me. I genuinely feel the Bandon scheme, along with the Skibbereen and the Clonakilty schemes, will result in significant flood mitigation for the people of west Cork. They are three exciting projects and I want to see all three underway.

I can certainly understand the frustration. Sometimes when the solution is on a piece of paper or on a map on the wall and people can see it and if there is a delay, it can nearly be more frustrating than before the solution was even devised. However, I know Deputy McCarthy and the people of Bandon will appreciate that there is a legal case but I can assure them that the money is in the OPW budget to do this and my staff and our legal advisers are working as hard as they possibly can to resolve this as quickly as they possibly can.

Deputy McCarthy, his constituency colleagues and representatives of Cork County Council have sought to meet with me and the OPW officials. I would be delighted to facilitate that in February. I will certainly keep the Deputy and the House up-to-date as this progresses. I hope we can get over this legal issue as quickly as possible so we can move ahead with delivering what I think is a really exciting and beneficial scheme for the people of Bandon.