Noel O'Flynn (Cork North Central, Fianna Fail)
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Question 202: To ask the Tánaiste and Minister for Finance the reason for the delay in repairing properties at Johns Quay, Kilkenny; if an engineer will be appointed to agree the works and the costs; and if he will make a statement on the matter. [32547/07]

Noel Ahern (Dublin North West, Fianna Fail)
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During construction works on the Kilkenny Flood Relief Scheme some interference was caused to properties at John's Quay. Property owners who had contacted the Office of Public Works in relation to reputed damage were advised by the Commissioners to forward details of any losses/damage that may have been occasioned by the drainage works as the OPW wanted to either put in place remedial measures against such losses/damage or to provide funds to the property owners to cover the cost of mutually agreed remedial works. On a strict application of the compensation rules, it is unlikely that OPW would be liable to make any compensation payments in respect of damage to properties at John's Quay resulting from the drainage works. This is because the benefits gained by property owners, whose properties are now protected from flooding and therefore much more valuable as a result of the scheme, are significantly greater than any damage caused and the Arterial Drainage Legislation provides for offsetting benefit against damage.