Lough Funshinagh flooding emergency
Deputy Fitzmaurice described the escalating flooding threat at Lough Funshinagh and pressed for emergency action to protect homes and livelihoods. The Tánaiste said the situation was intolerable, outlined council, OPW and legal issues, and argued an engineering solution should be accelerated while keeping open further engagement and possible emergency measures.
This will be a bit different and not the usual spat at Leaders' Questions. I thank Deputies Naughten and Kerrane. We are here as Roscommon-Galway TDs, joined together and above all we are here united with the people of Lough Funshinagh in County Roscommon.
The Tánaiste will be aware of the situation with Lough Funshinagh in County Roscommon, where the water is getting higher and higher. Some people when they go to bed at night listen out to hear if the pumps are running. These include 92-year-olds and 87-year-olds. Unfortunately, the other night a pump stopped, and within half an hour one of them was left on an island with water coming around them. In recent days, the snake has kept creeping and the village of Curraghboy is now under threat. I commend the council workers who are doing as much as they can. Either this evening or tomorrow, the road from Curraghboy to Athleague will be closed. Today, more houses need to be surrounded with sandbags, trying to prevent water from going in their doors.
The National Parks and Wildlife Service has acknowledged - I know the relevant Minister of State is here - that this designated turlough is dying because of excess water in it. Both the other Roscommon Deputies and the Roscommon Senators, Senators Murphy and Dolan, are involved. This is not about me. Along with the councillors, so far we, the politicians, have failed to resolve this problem because of the habitats directive. In fairness the Minister, Deputy O'Donovan, was fully committed. I welcome that Kieran O'Donnell will be coming down tomorrow, and I wish him the best of luck. However, with the best will in the world, this will not cut it.
I have talked to senior people in the National Parks and Wildlife Service about what can be done under the habitats directive. An emergency order can be signed. This will require the Tánaiste, our new Taoiseach and the Minister, Deputy Ryan, to bring an emergency order to Cabinet. I urge the Tánaiste to listen to my wording because I have been told what can be done legally. An emergency order can be issued by Government for a temporary measure to get the water moving which will work until a permanent solution is found. That has the backing of the National Parks and Wildlife Service. It has the backing of every politician around the place. I am asking the Tánaiste to do this next Tuesday or sooner if he can. Such cross-party support is generally not seen, and I commend them on doing it. That is not seen here in the Dáil. For the people of that area and for the benefit of the designated area, will the Tánaiste bring a memo to Cabinet and resolve this issue for once and for all?
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I fully agree that the situation is intolerable for those living in the area. I have met them in the past and I will meet them again. Senator Murphy has been in regular contact with me, and Deputy Fitzmaurice and others have raised the issue consistently. As he knows, Roscommon County Council had plans for the construction of a pipeline and so forth, and a legal action was taken.
The legal action was never concluded.
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Roscommon County Council made a judgment. It was a matter for it, on legal advice, to make a judgment on whether to pursue the pipe, essentially. It took a decision to withdraw. There might need to be some reflection on that. I know Roscommon County Council is now working with the OPW to identity a viable engineering solution to the flood risk. I am told the timeline is this quarter in terms of tendering and appointing consulting engineers. We should try to fast-track that as much as possible. The Minister is going down tomorrow to meet with people.
Emergency works should be allowed to prevent any village from being flooded.
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It will take you to sign it.
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I understand that can be done but the issue will be whether that will be a temporary emergency which is reversible or something else. The people need something more sustainable and long term to resolve this issue. The water levels are extremely high because of the weather over the past six months, which means the issue has been exacerbated. The OPW has been engaging with the National Parks and Wildlife Service on the EU habitats directive. I was not privy to any discussion the Deputy may have had with people from the commission but Roscommon County Council was in front of the court. It was Friends of the Irish Environment which initiated the legal action.
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What about friends of the people?
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It was based on the commentary of the court and so on that the council took its decision. We can get advice from officials here, there and everywhere, but when people are in the heat of the kitchen or courtroom and sense it might not be going in their direction, they take actions. We have to be cognisant of what we can legally do. I would argue anywhere that the protection of people's lives and homes should trump any other consideration. That is my view and I would be prepared to go into court and fight that.
I will talk to the Minister for the environment about whether we can give support to Roscommon County Council to ensure it has a robust position to advance. That may happen in the context of a new engineering solution because that could also face legal action.
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Thanks for the reply but the facts are we do not have next winter or next autumn. This is now. Roscommon County Council was brought to court on emergency legislation the council has, a totally different thing from the habitats directive under emergency law. Under emergency law, a Government has a right if it sees an emergency, and this is an emergency. When the generators needed to go in when there was a danger of the country running out of power, the Minister, Deputy Ryan, was able to come in to the House and bring emergency legislation through that was not opposed in this place. That gift is there again for the three main leaders. This is not political. This is about good people in a rural area.
I have spoken to several people this morning in the National Parks and Wildlife Service who know the habitats directive better than anyone. I have spoken to legal people. There is an opportunity in the Government's gift whereby, under the habitats directive, if there is an emergency, which there is, a Government can bring in an emergency order to basically undo that situation until a permanent solution is found. Have a look at the emergency powers about generators. They are for three years. Then, we hope, there will be a long-term solution.
I am asking and begging the Tánaiste and Government, because this is about people. Fair play to Deputies Naughten and Kerrane for standing beside me because it is generally not done in here. I ask the Tánaiste, the Taoiseach, Deputy Harris, and the Minister, Deputy Ryan, to please do it next Tuesday. I will tell the Tánaiste what will happen. I will give it straight to him. The people cannot wait. They have been quiet for too long. They will take matters into their own hands with civil disobedience. They have worked tirelessly over a few years but this has become critical at this stage.
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Whatever we can do to prevent flooding and protect that village, we will do. I do not know whether the Deputy has produced legislation or whether the legal advice he is getting-----
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It is an important point. Sometimes Deputies present us with Bills and say "Here is the answer". It has to be about the people the Deputy represents. We cannot just say there is a panacea of emergency legislation. That can be judicially reviewed and we could end up with one. There is an engineering solution on the table, I understand. I would have thought we should get that engineering solution accelerated as quickly as we can and get it implemented. Let people challenge us after that all they like but we need to get the engineering solution into play.
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That will be faster. We still have to provide the engineering solution, no matter what laws we pass in here. We will engage with Deputy Fitzmaurice and the other Deputies on this issue and with the Senators who have raised this with us. I am up for whatever is the most effective, efficient and timely way of dealing with this for the people whose livelihoods are involved.
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Talk to the Attorney General and the National Parks and Wildlife Service-----
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-----because that emergency legislation, you can bring it in.
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I thank you for your answers but ask you to please talk to them and get it in on Tuesday.