Seán Kyne (Galway West, Fine Gael)
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14. To ask the Minister for Public Expenditure and Reform if his Department has sought tenders for the review of the environmental impact assessment and environmental impact statement of the River Clare drainage scheme in County Galway; and if he will make a statement on the matter. [38171/14]

Simon Harris (Wicklow, Fine Gael)
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Statutory Instruments No. 469 and 470 of 2012 give effect in Irish law to EU Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. As the Consent Authority for flood alleviation schemes under Section 7 of the Arterial Drainage Acts 1945 – 1995, the Regulations require the Minister for Public Expenditure and Reform to:-

(A) carry out an Environmental Impact Assessment of drainage or flood relief schemes prior to Confirmation or approval of the proposed schemes

(B) Publicise his decision to Confirm or refuse to Confirm a proposed drainage scheme, inform the Commissioners and the public of the decision and to provide for a process for appeal/review of the decision and inform the public of this process

The Clare River (Claregalway) Drainage Scheme was submitted to the Department of Public Expenditure and Reform (DPER) for Ministerial Confirmation on 2nd November 2013. In accordance with normal procedure, the scheme documentation submitted to DPER included an Environmental Impact Statement which is a consultants report of the environmental impacts of the works and the OPW's proposals to mitigate these impacts as far as possible.

The Claregalway scheme is the first flood relief scheme submitted for Confirmation following the coming into effect of the 2012 Regulations and DPER needed to fully consider the implications for the Confirmation process of the new Regulations.

Consultations took place with the Attorney General's Office in order to get clarification on how the new Regulations should be interpreted and implemented in the context of the Confirmation process for drainage schemes under the Arterial Drainage Acts.

Based on advice received from the Attorney General's Office, DPER is in the process of engaging experts to carry out an independent review as part of the assessment of the Environmental Impact Statement of the Claregalway scheme that was submitted by the OPW.The tender process is nearing completion and DPER expects to be in a position to place a contract shortly.

Pending the outcome of the expert's review and the conclusion of the required public notification process, the Minister for Public Expenditure and Reform is not in a position to confirm the Claregalway scheme. It is not possible therefore at this point to say when the scheme can proceed to Construction.

However, I am confident that the proposed works will be found to be environmentally acceptable and therefore that the scheme can be confirmed by the Minister and proceed without too much further delay. I would like to assure the House that I and the OPW remain committed to ensuring that the scheme will be completed as soon as possible. The OPW has provided for the cost of the works in its profiles of capital expenditure to 2016.