Seán Fleming (Laois-Offaly, Fianna Fail)
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49. To ask the Minister for Public Expenditure and Reform if he will establish a statutory national authority to manage all flood relief projects, including implementation of flood defence measures; and if he will make a statement on the matter. [2079/16]

Seán Fleming (Laois-Offaly, Fianna Fail)
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Will the Minister of State establish a statutory national authority to manage all flood relief projects, including implementation of flood defence measures, in view of the serious flooding experienced in recent times and the likelihood that the position will deteriorate further in the decades to come?

Simon Harris (Wicklow, Fine Gael)
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I thank the Deputy for his question, which comes in a period of significant difficulty for many throughout the country after a number of bad weather events. There is already in place a national authority for flood risk management. The Office of Public Works, OPW, is the lead State body for the co-ordination and implementation of Government policy on the management of flood risk in Ireland. It is also the national competent authority for implementation of the 2007 EU directive on the assessment and management of flood risk. In that context and role it carries out and implements a very wide range of measures and programmes aimed at mitigating and minimising the impact of flooding on society, including the catchment flood risk assessment and management, CFRAM, programme; the flood relief capital works programme; the minor works scheme; the arterial drainage maintenance programme; hydrometric data gathering and analysis; and various studies and research on hydrology and flooding-related matters. In carrying out its role and functions it works in very close co-operation with other bodies involved with flooding matters to ensure there is a coherent and co-ordinated approach to flood risk management nationally.

The OPW carries out its flood risk management functions with full statutory underpinning. The general powers and functions of the Commissioners of Public Works in Ireland, under whose authority the OPW carries out its work, are set out in the State Authorities (Development and Management) Act 1993 and the Commissioners of Public Works (Functions and Powers) Act 1996. The commissioners exercise their powers and functions under the general consent of the Minister for Public Expenditure and Reform. They also have extensive specific legislative powers to undertake flood mitigation measures and schemes under the Arterial Drainage Acts, 1945 and 1995. Further regulatory powers are contained in Statutory Instrument No. 122 of 2010 which transposed the EU floods directive into Irish law and which was amended by Statutory Instrument No. 495 of 2015.

In carrying out its lead co-ordinating role in flood risk management the OPW chairs an interdepartmental policy group comprising all of the main Departments and agencies which have policy responsibility for flood-related matters falling outside the direct remit of the OPW such as the Department of the Environment, Community and Local Government and the Office of Emergency Planning in respect of a emergency response, local authority liaison and community resilience; the Department of Finance in respect of flood insurance; the Department of Social Protection in respect of humanitarian assistance; the Department of Arts, Heritage and the Gaeltacht and the National Parks and Wildlife Service in respect of environmental matters; the Department of Agriculture, Food and the Marine; and the Department of Public Expenditure and Reform.

Additional information not given on the floor of the House.

The aim and work of the group is to ensure a comprehensive whole-of-government approach is taken to flood risk management and to introduce effective sectoral supports and policy measures in the different areas of responsibility. The group is finalising an interim report for the Government which it expects to submit shortly.

The OPW's comprehensive CFRAM programme is being carried out also on the basis of close co-ordination with all of the main players and stakeholders in the flood risk management area. Each CFRAM project has governance structures which require the involvement of all of the relevant local authorities and, where appropriate, for example, in the case of the Shannon CFRAM project, the main agencies such as the ESB, Waterways Ireland, Inland Fisheries and Bord na Móna which have functions which may be relevant to flood risk management in the river catchment. The CFRAM programme is the core strategy for addressing flood risk nationally and the involvement of all of the key players in the development of the flood management plans under the programme will ensure those plans and the measures they include to manage flood risk will take account of and address all of the activities of the various State bodies that may impinge on flooding. In relation to the River Shannon catchment furthermore, the Deputy will be aware that the Government has established a new Shannon catchment co-ordination group to enhance ongoing co-operation across all of the agencies involved with the river and to oversee implementation of the Shannon catchment flood risk management plan.

The OPW also works closely with local authorities in the implementation of major flood relief schemes in the main urban areas. The close working relationship and co-ordination of activities between the organisations has ensured the successful completion of major schemes in Clonmel, Mallow, Fermoy, Ennis, Dublin, Kilkenny, Carlow and Waterford. The OPW has also provided significant funding for local authorities since 2009 to carry out minor flood relief works throughout the country.

It is clear, therefore, that the role of the OPW as the lead national body for the management of flood risk is comprehensive and wide-ranging and involves developing and managing close working relationships with all of the main agencies and bodies in this area. As with all State bodies, in the context of the Government's public service reform programme, the OPW will continue to review and improve its service, wherever possible. I am satisfied, however, that its functions, powers, role and responsibilities in flood risk management address all of the main facets of policy and practice across the full spectrum of inter-related activities in this area. I am also fully satisfied that the OPW is carrying out its role effectively and professionally and that there is no basis for the establishment of a new statutory body for flood risk management.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I think the Minister of State's response justified tabling the question. Perhaps he might address the issue of whether he intends to establish a statutory authority. I am of the belief the OPW's authority in this area should increased. We do need a new body as the OPW is in situ. The Minister of State has described the current position correctly and it needs to change. As he said, the OPW is the lead State authority for co-ordination and chairs policy committees involving the different bodies involved. This is useful to know, but it does not have authority to carry out works because all of the other bodies mentioned by him have legal authority in different areas, particularly local authorities and the Department of the Environment, Community and Local Government but also the ESB, Bord Fáilte, Irish Water, the National Parks and Wildlife Service, Waterways Ireland and Met Éireann. Practically every Department mentioned by the Minister of State has a role to play. Nobody can have statutory authority if all of these bodies have separate statutory roles. Therefore, we need one organisation with statutory authority to deal with the issue.

Simon Harris (Wicklow, Fine Gael)
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It is not a question of whether we need to establish a statutory authority because we have one in place.

The Deputy's party set it up when in government, when the European Communities (Assessment and Management of Flood Risks) Regulations 2010 were introduced under Statutory Instrument No. 122 of 2010 which had been transposed into Irish law. Under the regulations the Commissioners of Public Works were appointed as the competent authority under the floods directive for meeting the requirements of the directive. In that capacity they are required to promote co-ordinated implementation of the directive across river basin districts or other units of management and to work with the competent authorities in Northern Ireland in respect of international river basin districts. The Office of Public Works, OPW, has already delivered many flood relief schemes under successive Governments, including in Fermoy, Mallow, Clonmel and Bray and on the River Dodder. The Deputy, however, makes an interesting point about the need to ensure there is better coordination. That is why we have put in place a new Shannon co-ordination group, the terms of reference of which will be published in the coming days. It will bring together all of the statutory agencies which have many different roles and functions in respect of electricity supply, navigation and tourism and flood management. The main point is that the OPW, under the catchment flood risk assessment and management, CFRAM, process, will have 300 areas at risk of flooding mapped and plans to put in place flood mitigation measures. It is the authority that must deliver them, of which 66 will be in the Shannon river basin.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The system we have in place is not good enough. I accept everything the Minister of State has said about co-ordination the roles of the different groups and Departments involved, but we would never have had motorways if responsibility for building them had been left with the local authorities. The National Roads Authority was given that power and authority. It can sign contracts, issue tenders and do what is necessary to build motorways. The Minister of State should be brave, look forward for the next 50 years or the next two or three generations. A co-ordinating committee is not the answer in terms of what is needed in the decades ahead. We need an organisation with statutory authority. Some of those with authority will have to cede it in the national interest and for the greater good. I know that there would be turf wars all over the place, but we have to think big and look forward.

Simon Harris (Wicklow, Fine Gael)
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Let there be no doubt that there is a national plan and a national organisation called the OPW which is charged with implementing flood relief plans. It is the competent single authority responsible for delivering plans. There is money available, too. We will spend €430 million on flood defences. More will be spent in the next five years than has been spent in the past 20.

The Deputy used the example of the NRA, but in building roads the NRA cannot ignore planning or environmental advice. It has to work within the confines of the law. The OPW must do the same in respect of flood relief measures. Even in peace times, when there is no flooding, there are issues that fall outside the OPW’s policy remit because there will always be a small number of people whose homes cannot be protected. There may be a need for voluntary home relocation and the Department of Finance or the local authorities to put in place individual property protection schemes. There is a need for a whole-of-government approach and other agencies and Departments to play their part. At the end of this month the interdepartmental group on flooding which I chair will send its report to the Cabinet which will make several recommendations. Whoever will be in government in the spring will have several policy options to consider in respect of flood insurance, individual property protection and potential voluntary home relocation, as well as getting on and delivering the national flood plan.