Brendan Smith (Cavan-Monaghan, Fianna Fail)
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409.To ask the Minister for Public Expenditure and Reform if there are plans to amend the Arterial Drainage Act 1945 to include areas in County Cavan that are subject to flooding; and if he will make a statement on the matter.[34221/24]

David Stanton (Cork East, Fine Gael)
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417.To ask the Minister for Public Expenditure and Reform his plans, if any, to update the Arterial Drainage Act 1945; and if he will make a statement on the matter.[34699/24]

Kieran O'Donnell (Limerick City, Fine Gael)
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I propose to take Questions Nos. 409 and 417 together.

Following the passing of the Arterial Drainage Act, 1945, the OPW was tasked with carrying out a programme of large-scale arterial drainage schemes, on a catchment basis. Between 1948 and 1992, the OPW implemented 34 Catchment Arterial Drainage schemes and 5 Estuarine Embankment schemes.

Arterial drainage schemes progressed under the 1945 Act, are providing drainage outfall for 242,800 hectares of agricultural lands. Importantly, there has been significant development in these areas since the schemes were completed and the land drainage schemes are also providing a level of protection from flooding to property, infrastructure and communities, including in excess of 21,000 properties, 2,400 kilometres of roads and 77 towns and villages. There are no plans to undertake further large scale arterial drainage schemes.

In order to preserve the beneficial objectives served by the schemes that have been completed under the 1945 Act, the OPW has a statutory duty under Section 37 of the Act to maintain the schemes in proper repair and effective condition. Failure to do so would result in an increased flood risk to benefiting areas and communities.

The maintenance of OPW Arterial Drainage Schemes has evolved significantly over the past 20 years, driven primarily by environmental legislation such as the Birds and Habitats Directives and the Water Framework Directive. Arterial drainage maintenance works are carried out in accordance with relevant legislation, through a range of environmental assessments, supported by widespread stakeholder consultation. The OPW, in partnership with Inland Fisheries Ireland and other stakeholders, has developed environmental drainage maintenance procedures to mitigate potential environmental impacts on rivers and streams which are maintained by the OPW for the purpose of land drainage.

Concerns about the impact of arterial drainage schemes on the environment have resulted in calls for a review of the Arterial Drainage Acts. The Programme for Government is committed to a Land Use Review to ensure that optimal land use options inform all relevant Government decisions. Options to reverse arterial drainage schemes and to cease arterial drainage maintenance activities for lands currently benefitting from such maintenance, must be informed by land use policy. The flood risk implications for communities must also be carefully considered. In this regard, the Land-use Review will provide clarity regarding future national drainage requirements having regard to a broad range of policy goals, including agricultural, flood risk mitigation, climate action, biodiversity and water quality. This will inform the consideration of any changes to arterial drainage practices and any associated legislative changes to be made to the Arterial Drainage Act, having regard to all potential benefits and impacts.

The Government has committed €1.3 billion to the delivery of flood relief schemes over the lifetime of the National Development Plan 2021 – 2030 for flood relief measures. Cavan County Council as the Lead Authority, in partnership with the OPW is now advancing with the Cavan Town Flood Relief Scheme. Further information on the scheme is available here: www.floodinfo.ie/cavantownfrs/

The Minor Flood Mitigation Works and Coastal Protection Scheme provides funding to Local Authorities to undertake minor flood mitigation works or studies to address localised fluvial flooding and coastal protection problems within their administrative areas. The scheme generally applies where a solution can be readily identified and achieved in a short timeframe. The works to be funded are carried out under Local Authority powers, and ongoing maintenance of the completed works is the responsibility of the Council.

Under the scheme, which is demand led, applications are considered for projects that are estimated to cost not more than €750,000 in each instance. Funding of up to 90% of the cost is available for approved projects. Applications are assessed by the OPW having regard to the specific economic, social and environmental criteria of the scheme, including a cost-benefit ratio and having regard to the availability of funding for flood risk management.

The OPW has approved funding under the Minor Flood Mitigation Works and Coastal Protection Scheme of circa €463,302 to County Cavan for some 10 projects. Details of these projects are available at: www.floodinfo.ie/minor-works/?la=3

The OPW welcomes applications under this scheme and is happy to engage with Local Authorities in this regard.