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Dáil Éireann debate -
Tuesday, 12 Feb 2002

Vol. 548 No. 2

Adjournment Debate. - Flood Relief.

I thank the Ceann Comhairle for giving me the opportunity to speak on this subject. I also thank the Minister for coming to the House to respond. I demand the urgent start to the second and final phase of the Baldoyle flood relief scheme to prevent a recurrence of the flooding in Baldoyle parish which recently devastated the area. While media attention has rightly been given to the disastrous impact of the recent storm on the Ringsend and East Wall areas of Dublin city, the flooding of homes on the coast road and rural areas of Baldoyle parish has largely been overlooked.

At around 1 p.m. on 1 February, a torrent of water burst over the banks of the swollen river Mayne and poured south down the rural Mayne and coast roads towards Baldoyle village. The two cottages nearest the Mayne occupied by the O'Rourke family were quickly flooded as water poured under the front doors and, inside the homes, rose quickly to half a metre and inflicted serious damage on both households. For a number of hours it appeared other outlying areas of Baldoyle would be similarly affected, as they have been for many decades.

Baldoyle parish is a polder, a low-lying area of land which is partly below sea level. It is often compared to a saucer with the centre in Seagrange public park and the surrounding edges occupied by residential houses. In recent decades serious rain has always led to major flooding in districts such as Abbey Park, Stapolin, Seagrange and the Grange Road. Following the tragic death of a teenage boy almost eight years ago, a determined effort was made by Baldoyle Community Association and all its constituent bodies, with my support and that of other public representatives, to protect the area once and for all.

After many delays, the first phase of the Baldoyle flood relief scheme was funded and implemented under the Minister for the Environment and Local Government in the previous Government, Deputy Howlin. This improved drainage considerably in the Grange Road area. However, there has been a delay for the past four years on the second phase of the scheme which I understand has been redesigned several times. The implementation of the scheme appears to have come to a halt. The scheme is intended to separate the Mayne river basin, which flows into Baldoyle Bay, from the south flowing tributaries, which flow into Dublin Bay, by means of a large earth embankment, and to support water movement with a pumping station.

When I queried what happened last week with Fingal County Council director of drainage, Mr. Douglas Hyde, and senior county engineer, Mr. John Daly, I was informed that the high spring tide of 5.46 metres combined with easterly winds raised the level of the Mayne river to such an extent that the works carried out by the first phase of the flood relief scheme on the Mayne River gate prevented the river from escaping into the sea. As a result, it turned south and flowed into the homes of my constituents.

It is very annoying that, after tremendous efforts by the community in Baldoyle, the second phase of the flood relief scheme will not go to tender this month as I was continually promised for the past 18 months by the county manager, Mr. Willie Soffe, and his officials. The blame does not lie with Fingal County Council officials or the county manager because I am informed the foreshore licence for the second phase of the flood relief scheme – effectively the planning permission – has not been granted by the Minister, Deputy Fahey, as it was not by his predecessor, my constituency colleague, Deputy Woods. Without the foreshore licence, the second phase of the flood relief scheme cannot be implemented. I am told Dúchas has requested certain guarantees before the Minister can issue the foreshore licence because it has a concern about pollutants from residential housing issuing into the fragile Baldoyle Bay.

Be that as it may, four years have passed – the lifetime of the Government – and this important area of Dublin and parish of my constituency is still left vulnerable to flooding every time there is the type of stormy weather which occurred a few weeks ago. I appeal to the Minister of State and his colleague, the Minister, Deputy Fahey, to grant the foreshore licence quickly in order that the Fingal county manager can proceed to ensure the events of 1 February 2002 never recur. It is interesting that a major housing and commercial development of a size between that of Tralee and Waterford city is being planned for this area north of Baldoyle. It is annoying for residents that a major hydrology study has not been undertaken. I would like the second phase of the flood relief scheme to be implemented and a major hydrology study of the area to be conducted.

That was a fair general election speech. Deputy Broughan has addressed this Adjournment matter jointly to the Minister for the Environment and Local Government and the Minister for the Marine and Natural Resources. I am responding on behalf of the latter. My direct responsibility relates to the foreshore licence aspect while the Minister for the Environment and Local Government has responsibility for the funding aspects. In general, foreshore licences are issued by me in accordance with the terms of the Foreshore Act, 1933.

Stage one of the Baldoyle flood relief scheme was completed in the mid-1990s in response to the severe flooding occurring in the area following heavy rain. The worst flood affected areas of the Baldoyle catchment were diverted to new sewers which carried the surface water to the Mayne river for discharge into the sea. These works did not require a foreshore licence.

Stage two of the Baldoyle flood relief scheme is included in the Department of the Environment and Local Government's water services investment programme for 2000 to 2002 as a scheme to go to construction. Stage two consists of part one, advanced works, and part two, the rest of the works. Foreshore licences are required for both parts of these sets of works because the Foreshore Acts require that, before the commencement of any works, including works such as these, on State-owned foreshore, a licence or lease must be obtained from the Minister for the Marine and Natural Resources. As the Deputy may be aware, the foreshore is the land and seabed between the high water of ordinary or medium tides and the 12 mile limit.

Applicants for such foreshore licences are required to publish notice of their proposals in newspapers circulating in the area. My Department prepares the notice and specifies the newspapers in which it should be published. Normally, a three week period is allowed for representations and objections from members of the public to be made to me. The applicant is allowed an opportunity to comment on any such objections before the final report is made to me. That report will detail the proposal and the process that has been gone through.

This process would involve consideration of an application by staff of the Marine Survey Office, fisheries officers, other departmental officers and observations from Dúchas, the heritage service. In the case of these works, account will also be taken of the views of the marine licence vetting committee. This is a group comprising scientific and technical experts which advises me on foreshore leases, licences and permission applications. The report would also detail any objections received and commentary on them, and would recommend whether to grant a lease or licence and, if so, under what conditions.

Part one – advanced works – is designed to improve the outfall of the Mayne river into the Baldoyle Estuary. A foreshore licence was granted by my Department on 1 June 1999 to facilitate these works which comprised improving the hydraulic capacity of the existing Mayne river outfall and the provision of an additional outfall. Improved tide gates were also installed. Part one was completed in early December 2001 and I understand from Fingal County Council that they worked effectively in protecting properties upstream during the high tides of 1 February 2002.

Part two of the scheme involves discharging flood water from local streams into the Baldoyle Estuary via a new pumping station and rising main. The overall aim of these works is to eliminate major flooding in the Baldoyle area up to and including the 50 year storm event. The existing culvert along the Willie Nolan Road is also to be re-lined due to its poor condition.

Application for the relevant foreshore licence was made to my Department in the normal way by Fingal County Council. Due to the location, it was necessary for my Department to consult Dúchas, the national parks and wildlife service, about the application. Dúchas had reservations regarding the effect the discharged waters would have on water quality in the Baldoyle Estuary. I understand Fingal County Council met Dúchas in mid-November and addressed the water qualities issues. The county council was in touch with Dúchas again last month and the matter remained unresolved.

It is unfair for the Deputy to refer to my ministerial colleagues, Deputy Woods and Deputy Fahey, in this regard because the Department of the Marine and Natural Resources has, under our leadership, been quite active in trying to resolve this difficulty.

It has taken five years.

A process must be undergone. The Deputy's party talks a great deal about transparency and allowing everyone the opportunity to comment. Now that the comment affects his party, the Deputy is hurt by it. One cannot ride two horses in the same race. The Deputy's party must be on one side or the other.

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