Brendan Griffin (Kerry, Fine Gael)
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559. To ask the Minister for Public Expenditure and Reform if he is aware of the serious constraints that Office of Public Works staff are under relating to more stringent interpretation of the habitats directive; if he is further aware that urgently needed repair and flood prevention works in special areas of conservation cannot now proceed without appropriate assessment and other bureaucratic processes; if he is concerned that the Arterial Drainage Act now seems to be in complete conflict with the habitats directive, thus preventing the OPW from carrying out necessary flood prevention works; if he will seek to have this impasse breached; and if he will make a statement on the matter. [13120/16]

Seán Canney (Galway East, Independent)
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Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats of wild fauna and flora, commonly known as the Habitats Directive, is designed to ensure the survival of Europe’s most endangered and vulnerable species. Together with the Birds Directive, it sets the standard for nature conservation across the European Union and enables all 27 Member States to work together within the same strong legislative framework in order to protect the most vulnerable species and habitat types across their entire natural range within the EU. The Directive aims to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements.

Rivers by their nature are a particularly sensitive ecosystem within the broader environment, with many freshwater habitats and species showing higher rates of decline compared to other ecosystems, both nationally and internationally. In its drainage and flood risk management operations, the Office of Public Works (OPW) must have due regard to an array of applicable legislation and policy such as Environmental Assessment Directives, Habitats & Birds Directives, the Water Framework Directive, the Wildlife Acts, the Convention on Wetlands of International Importance (Ramsar Convention) and the National Biodiversity Plan. All works in rivers are required to comply with this ever increasing matrix of environmental requirements. Authorities proposing works, typically carry out a whole series of investigations and assessments to design the proposed works to minimise any environmental impact ranging from flora & fauna through to archaeology. In addition, for certain scenarios, third parties have a right for judicial review of environmental decisions or can lodge a complaint to the European Commission where they judge that an Irish authority has not complied with the relevant European legislation.

OPW has carried out a significant volume of environmental research to increase knowledge and identify methods of operation that are both environmentally sensitive and effective for drainage and flood relief purposes. A significant volume of research has been completed in partnership with Inland Fisheries Ireland in addition to other research completed with environmental non-government organisations and environmental consultancies. OPW’s Arterial Drainage Maintenance service has developed a suite of Environmental Management Protocols and Standard Operating Procedures which minimise the potential environmental impact of operations.

While it is acknowledged that the provisions of the Habitats Directive have imposed constraints on the OPW's flood relief and drainage activities in or near Special Areas of Conservation, the Office has altered its procedures and protocols to deal with these constraints in the discharge of its statutory duties under the Arterial Drainage Acts. It is not envisaged that any work planned for the current year on the schemes under OPW’s care will be prevented by issues raised by the provisions of the Habitats Directive.