Alan Dillon (Mayo, Fine Gael)
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19. To ask the Minister for Public Expenditure and Reform the status of a scheme (details supplied); the reason for the delay in his Department finalising the review, which was expected as imminent in 2021; and if he will make a statement on the matter. [2448/22]

Dara Calleary (Mayo, Fianna Fail)
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32. To ask the Minister for Public Expenditure and Reform the current position in relation to the flood alleviation scheme for Crossmolina, County Mayo; and if he will make a statement on the matter. [2228/22]

Alan Dillon (Mayo, Fine Gael)
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I ask the Minister for Public Expenditure and Reform the status of the Crossmolina flood relief scheme and the reasons for the delays in the Department's timeline for review. The people of Crossmolina are eagerly awaiting further news on this. As we start the new year, I would appreciate an update from the Minister.

Patrick O'Donovan (Limerick County, Fine Gael)
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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.

Alan Dillon (Mayo, Fine Gael)
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I thank the Minister of State for the update. As he is aware, I have raised this matter a number of times in the House. The people and businesses in Crossmolina that are affected by the risk of flooding have major concerns about the progress of this enormous capital project. The benefits of it would be huge. I compliment Mayo County Council, its engineers and the staff of the OPW on the work they have done to date for the people of Crossmolina. However, we need this project to progress to tender and project build and construction. I ask that every effort be made in the Department to progress it as swiftly as possible.

Patrick O'Donovan (Limerick County, Fine Gael)
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First, the commitment of the OPW and Mayo County Council is well documented. I thank Deputy Dillon and other Government Deputies from County Mayo who have given their support to this. I have been to Crossmolina and I am aware of the difficulties associated with this. The scheme will protect approximately 120 properties. The town has been inundated several times so we want to progress it. As the Minister stated with regard to his role in this, however, the Department has to be satisfied that when he makes a decision on any element of this it has to be insulated against any potential judicial review. Unfortunately, judicial reviews are now becoming more likely so the decision has to be insulated against any such potential likelihood. I know this is a cause of frustration. It is a cause of frustration for me, the OPW and Mayo County Council, but especially for those who are being inundated time and again and swamped with excrement, sewage and every sort of filth in flood water. We want to deliver these projects to Crossmolina and all the other towns such as Bantry, which was mentioned earlier. The money for Crossmolina is ring-fenced, so it is not a question of funding. Once the scheme is committed to and can be delivered, we will build it with Mayo County Council.