Written answers

Wednesday, 5 November 2014

Department of Environment, Community and Local Government

Flood Prevention Measures

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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184. To ask the Minister for Environment, Community and Local Government the steps that will be taken by his Department in the aftermath of the cessation of the Barrow Drainage Board to ensure that the relevant local authorities continue to prioritise spending on maintenance and drainage works on the River Barrow and its tributaries; the way it is intended to co-ordinate such works; if he accepts that co-ordination is essential to avoid the risk of flooding; and if he will make a statement on the matter. [42526/14]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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192. To ask the Minister for Environment, Community and Local Government further to his decision to abolish the Barrow Drainage Board, the arrangements in place to ensure that the funding which is currently ring fenced through the drainage board for works on the River Barrow will continue to be in place; if the respective local authorities are legally obliged to continue to fund the ongoing work previously carried out by the board; and if he will make a statement on the matter. [42391/14]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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193. To ask the Minister for Environment, Community and Local Government regarding the decision to abolish the Barrow Drainage Board, if local authorities have the legal right to enter on lands to carry out drainage works as the Barrow Drainage Board had such powers and the arrangements he is putting in place to ensure the necessary drainage work may be carried out in an unhindered manner; and if he will make a statement on the matter. [42432/14]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 184, 192 and 193 together.

I signed an order on 21 October 2014 in accordance with section 231 of the Local Government Act 2001 providing for the dissolution of seven joint drainage committees, including the Barrow Drainage Board, with effect from 1 January 2015. From that date, the functions of these committees will become and be functions of and vest in each of the local authorities that form the committee in respect of that part of the drainage district that is within each of their administrative areas. Following the dissolution and transfer, the functions will be performed by the individual local authorities, subject to any alternative joint arrangements that may be made by the authorities concerned. The joint drainage committees are funded from contributions from the local authorities represented on the committee apportioned on an agreed basis and future funding for works will fall to be agreed between the relevant authorities.

Section 231(3) (a) of the 2001 Act obliges the chief executives of the local authorities to which the functions of the joint drainage committees are being transferred to take all steps that may be necessary to prepare for the dissolution and to make such alternative joint arrangements for the carrying out of the functions previously carried out by the drainage committees. In addition, section 231(3)(b) of the 2001 Act imposes a duty on the local authorities concerned to cooperate in relation to these arrangements.

My Department wrote to chief executives on 23 October 2014 enclosing a copy of the dissolution order and reminding them of the requirements under section 231 of the 2001 Act, as outlined above.

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