Paul Murphy (Dublin South West, Socialist Party)
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456. To ask the Minister for Education and Skills further to Parliamentary Question No. 155 of 2 December 2015, if she will reconsider her earlier reply with regard to extending the brief of the appointed project consultant in respect of a broader assessment of flooding in the catchment area given recent flooding; what will such a broader assessment entail regarding water courses, flooding and sewage. [4001/16]

Paul Murphy (Dublin South West, Socialist Party)
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457. To ask the Minister for Education and Skills further to Parliamentary Question No. 155 of 2 December 2015, what she means by the reference to non-compliance to statutory procurement regulations; what is the content of the non-compliance mentioned; and how and why does this impact on her decisions. [4002/16]

Paul Murphy (Dublin South West, Socialist Party)
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458. To ask the Minister for Education and Skills further to Parliamentary Question No. 155 of 2 December 2015, what she means by reference to managing a process over lands that are not in her Department's control; to what process does this refer, is it the process of flood prevention either of the school site or of lands in the catchment and-or buildings thereon that might be impacted by flooding, possibly consequent to the development of the proposed school site; and if the process referred to is not one of flood prevention, to what does this process refer, and to what lands does such process refer. [4003/16]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 456 to 458, inclusive, together.

Whilst acknowledging the potential need for a broader assessment of flooding in the catchment area, the scale and cost of the proposed flood assessment would represent a disproportionate extension to the basis of the original appointment of the project consultant referred to. Extending the brief in this way would breach the procurement threshold as set out under Article 31 of the 2004 Directive and is therefore prohibited. In order to remain compliant with these procurement guidelines, the Department is not in a position to reconsider the request for an extension to the brief of the appointed project consultant.

Kildare County Council has proposed a broader assessment of flooding in the catchment area in question than was included in our planning application for the site. While we acknowledge that this potentially may be required in order for us to develop the site, the proposals presented to us in this respect go far beyond the identification of the remediation measures required in respect of our site. These proposals also require the assessment of lands in the broader catchment area which are outside the control of the Department and potentially require us to design a flood relief scheme in respect of these areas. We have written to the Council with a view to resolving this issue and we remain fully committed to working with the Council in endeavouring to reach a solution to this matter.