Seanad Éireann debate -
Thursday, 17 Feb 2000

Vol. 162 No. 8

Shannon River Council Bill, 1998: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

Mr. Cassidy

As I said last week when the debate on the Bill commenced, in 1995 when there was severe flooding of the Shannon Deputy Daly, then a Member of this House and one of the most experienced parliamentarians in either House having held eight portfolios, brought before the House with Deputy O'Kennedy, a former Minister and EU Commissioner, a Bill which received the approval of all sides of the House on Second Stage. Senator Manning was then Leader of the House. Deputy Daly had enormous experience of the Shannon having been Minister of State at the Department of Finance with special responsibility for the Office of Public Works. The Shannon Navigation Act, 1990, linked the Shannon and the Erne. The Shannon River Council Bill was brought before the previous Seanad. It has now been brought back by Deputy Daly's constituency colleague on the opposite side of the House, Senator Taylor-Quinn, and her colleagues and we are accepting it on Second Stage. In the words of a former parliamentarian, Paudge Brennan, "There is never the wrong time to do the right thing". The right thing to do is to accept this Bill. The Shannon touches 13 counties – half the counties in Ireland. It is a great national resource that has never been utilised to its full potential. This Bill proposes appointing a council with total responsibility for developing the Shannon from a tourism and industry point of view, not to mention making it practical for people to remain farming along the banks of the Shannon.

There are 26 local authorities with responsibility for various matters relating to the Shannon. This Bill makes common sense. People in the Shannon area presented me with a short submission from 1986 which I in turn gave to the Minister of State, Deputy Treacy, last week. Those people commissioned a report from an eminent engineer which stated that at least 30 per cent, and perhaps up to 40 per cent, of the flooding could be alleviated with a five year plan which would cost no more than £50 million. We want this council put in place, as it can then appoint experts who will review and investigate the possibilities of reducing Shannon flooding.

Does anyone realise the hardship involved in having one's home flooded? I visited the flooded area at the end of December and it was heartbreaking to see people having to be evacuated in agricultural vehicles and not being able to go home for 14 days, especially as it was happening at Christmas when their families were home from the UK, America and Australia. It is impossible for them to continue in farming as previous generations of their families have done.

The flooding has been very high only in recent years. The increase in the water level in Lough Ree this year was seven feet two inches. This is unbelievable, as seven feet two inches of rain did not fall. What is happening? Water is being stopped by various organisations, such as the ESB, for their own interests. In the interests of everyone living in the Shannon area and on a non-political basis, we in Seanad Éireann call on the Government to allow the Shannon River Council to be appointed so that a planned strategy can be put in place for the Shannon. As Governments of all political parties have neglected to do this, let us start the 21st century with a co-ordinated council in place which can come to the Houses for funding for projects. We will not be found wanting if it does so.

I welcome the Bill and assure the House that we on the Government side will lend our full support to it on Second Stage.

Mr. Connor

I welcome the Leader's warm and open comments on the Bill. Once we conclude Second Stage today I appeal to him to make time available in coming weeks – the week after next, if possible – for Committee and Report Stages. He can be assured that nothing will be done on this side of the House to retard the Bill's progress.

This Bill is a great initiative from the Seanad, though it is obvious there are Members on the Government side who are not enthusiastic about it. That was reflected in the contribution made last week by the Minister of State, Deputy Treacy, which was quite ambivalent. This initiative strengthens the usefulness and relevance of the House and we could not do a better day's work than deal with all Stages of this Bill and send it to the Dáil.

The need for a Shannon River Council is an unanswerable case. The Shannon is the largest river catchment in Great Britain and Ireland; there are approximately 70,000 hectares in the catchment area, mostly in the midlands and in the north. There have been controls on the Shannon for over 200 years and two bodies – the ESB and the Office of Public Works – have a major influence on the flows and levels of the Shannon. The ESB's authority dates back to an enactment in the 1920s relating to the Ardnacrusha power station because it needs levels in Lough Derg to be such as to allow adequate hydraulic pressure to drive the turbines there. The Office of Public Works is the other major player and has a statutory role relating to maintenance of and navigation on the Shannon.

Everyone agrees that the lock system on the Shannon is the problem. The ESB uses its locks to control flows and for water storage in the major lakes for hydro-electric purposes and the Office of Public Works also operates locks. Those locks are antiquated and to my knowledge they were all installed in the 19th century. They are manually operated and some take at least one day to commission and almost one day more to reopen. It is surely totally unsatisfactory that these control systems should be so antiquated and that they have not changed since the 19th century. This Bill proposes bringing together all bodies with a major interest in the Shannon on a council which would form policy on the running of the river on a day to day or month to month basis.

Farmers have a major interest in this matter. I referred to the 70,000 hectares in the catchment area. During the September and December floods last year most of the flood plain was flooded, causing enormous damage to agriculture in the Shannon catchment area. Approximately 73 per cent of the land in that catchment area is grassland and a very high proportion of that – probably 60 per cent to 70 per cent – was flooded in December and over 50 per cent was inundated in the September flood. There were huge losses in grassland that was being kept for silage, harvesting and so on, particularly in September, and many farmers had a complete loss of stored fodder or silage in December when their sheds and outhouses were completely inundated in an unprecedented experience for some of them. Everybody accepts that the control of the locks has a bearing on the lateral spread of water in times of flooding. Many people feel that neither the ESB nor the Office of Public Works acts with any sensitivity to agricultural interests. It is important that a strong agricultural voice should be elected to any council. Dúchas, the ESB and the Office of Public Works must also be represented.

There must be a co-ordinated approach by all of the parties which have a major interest in the River Shannon. We all agree that a major arterial drainage programme cannot solve the problem. I was interested to note in the Official Report of last week's proceedings that Senator Mooney spoke about his father, an old friend of mine and a former Member of this House. He recalled a lady saying to him one day, "We'll come and say a prayer for Mr. de Valera and for the drainage of the River Shannon".

Mr. Cassidy

The faith was strong.

Mr. Connor

I pray that the good Lord, who is always merciful, has forgiven those politicians who in the 1930s, 1940s, 1950s, 1960s and up to the mid-1970s promised the people of the west and the midlands that the Shannon would be drained, one of the three great holy of holies—

Mr. Cassidy

We supported Knock Airport when the Senator's party did not. We took to the air, not the water.

Mr. Connor

—restoring the Irish language, uniting the country and draining the Shannon. I hope that the serious sin of breaking a promise has been forgiven.

Mr. Cassidy

Fianna Fáil and Monsignor Horan were responsible for Knock Airport being built.

Mr. Connor

When the council is established, it should represent all the interested parties and should have the necessary resources to carry out its work. One of the problems with the river is that there is no channel clearance or maintenance. Machines are not deployed to de-silt the river. Silting is a major problem. In places such as Lanesborough and Tarmonbarry, one can observe rapidly expanding silt banks because the slow current constantly carries silt from Bord na Móna operations. The silt expands into islands and blockages in the main river channel. No action has been taken to remove these blockages which have a detrimental effect on the flow of the river which, in turn, begins to flood.

Fifty years ago, some 14 per cent of land in the Shannon catchment comprised raised peat bogs, the finest example of such bogs anywhere in the world. Bord na Móna has now removed most of those bogs which, prior to their removal, acted as giant sponges which held millions of cubic feet of rainwater and released it slowly into the system. Now the rainfall drains into land channels which, in turn, quickly drain into the main stem of the River Shannon resulting in flooding. The removal of the bogs, nature's way of controlling water disposal, was a very shortsighted policy. Nothing was put in place to deal with the problems which would result from their removal.

Bord na Móna operations result in millions of tonnes of silt being deposited in the river every year. The fall between Lough Ree and Killaloe is only a few metres, yet that is the stretch of river in which the highest proportion of silt is unloaded and accumulates. It is very important that the council, when established, should not just be a talking shop but should have the resources to tackle problems in the river channel and ensure the river flows properly.

At present, 3 per cent of the Shannon's land catchment is under forestry and that percentage is increasing rapidly. Trees are often planted on cutaway bogs. It is important that a policy be developed to deal with the effects of forestry on river systems in contrast to the absence of policy in regard to the removal of the peat bogs. Forestry pollution can have a major influence on waterways and rivers. Twenty-five years ago, Lough Ree was one of the cleanest lakes in Ireland but it is now heavily eutrophic and severely polluted as a result of the disposal of industrial waste, agricultural phosphates and sewage.

Until recently, very few towns in the Shannon catchment had a proper waste water treatment programme. It is important that water treatment systems are modernised and upgraded, east and west of the Shannon. For up to 50 miles in many cases east and west of the Shannon, all waste water flows towards the river. There is a great deal more I would like to say.

Dr. Henry

I am delighted to see this very important Bill before the House. We are very fortunate to be able to introduce a Bill such as this as it is not often that a country is in a position to establish a council for a major river and its tributaries. It is extraordinary that a council has not been established before now. When one considers the disasters which occur on the Continent with rivers in one country causing difficulties in other countries, one realises it is a privilege to be able to monitor the Shannon's tributaries. The Tisza which flows through Romania was badly polluted by a spillage from a Romanian cyanide mine recently. That has had serious effects on the Danube's water, thereby affecting countries which are very remote from the Tisza.

I am somewhat concerned that a great deal of the debate on the Shannon has focused on the flooding of the areas around it. Naturally, the impetus on this issue has come from farmers whose land has been flooded. We must pay greater heed to the geographical and geological studies which have been carried out which show that it is virtually impossible to make flooded areas flood-free. Studies carried out around Gort, where the land is karst limestone, have revealed that some of the turloughs are connected underground to the Atlantic, thereby making it impossible for drainage to occur.

I was not in favour of the unilateral action taken by farmers to drain their land. I do not think it made any difference when there was flooding this year and they may have caused a great deal of ecological damage by creating a channel into bays with a considerable amount of shellfish. This has been to the detriment of those farmers.

Flooding cannot be solved by the construction of major drains. We have read the reports which initially suggested it was due to plastic hay covers in drains. However, it was found to be connected to the fact that these were either flood plains or connected to the Atlantic Ocean. It is important to remember that Holland and Germany, where the most amazing structures have been created to enable them to narrow rivers and build on flood plains, have also experienced serious flooding in the past ten years. It is impossible in many cases to control the amount of water which flows into some of these rivers. Senator Connor spoke about how nature's way of controlling water has been greatly changed by man. This is a valid point which must be taken into account. It is impossible to control some elements and we must be careful about this.

One issue which I hope the council will seriously examine when it is established is the appalling pollution in the Shannon basin which is occurring for numerous reasons. As Senator Connor said, some towns still have no proper sewage treatment plants or water supply schemes. It is ridiculous that in 2000 we do not have proper sewage treatment when we have known for decades the damage done by the emptying of raw or semi-treated sewage into rivers. With the money that is now available, I urge that councils are given the funding to undertake these works.

We should also be concerned about private water schemes. I recently read a report which stated that 50 per cent of private water schemes in the west are infected by e.coli. In a large number of cases this is due to improperly situated septic tanks or too many of them in an area. One frequently reads of houses being granted permission for septic tanks where it was unwise to place them. I have a great deal of sympathy for councillors who are abused by the public because they will not give planning permission. They know it would be unsuitable to build more houses in an area. They are abused because naturally people wish to build houses in the countryside. However, one must remember that an area can become overloaded with septic tanks. They affect private water schemes which can result in serious damage. Uncontrolled spreading of slurry can also affect private water schemes. Harsher measures should be implemented to prevent people spreading slurry in certain circumstances, particularly when it is raining and it is obvious it will flow straight into the nearest waterway and then into local streams, causing great problems.

The eutrophication of our lakes has been constantly referred to. While inadequate sewerage schemes in some towns are an important consideration, so is the over-spreading of phosphates, which is still taking place. Teagasc was supposed to measure phosphate and nitrate levels in farms and advise farmers of the necessity not to spread more phosphates. I have not heard or seen much of that. Reports suggest that in some areas phosphates or nitrates do not need to be spread for five years because there is such an over-abundance. This must be considered.

The Shannon is an important asset as regards tourism. The fact that our major lakes, which were so clean some years ago, are now so dirty it is impossible to swim in them will become well known rapidly. This also applies to the deterioration of our fishing. These significant assets are not being given sufficient attention. The control of silting is important as regards boating which has not been as prosperous in the past few years as it was previously. The difficulties people have had with navigation have significantly contributed to the fact that people are not coming here as much.

New difficulties have arisen on the Shannon which must be addressed. Every day that goes by without addressing them creates more problems. The spread of the zebra mussel began ten years ago at the estuary. However, now they have crept a considerable distance up the river. We need to look at these new problems, including the development of cyanobacteria in some areas of the lakes. This has serious implications for people and livestock. These are the problems which I hope the council will undertake to resolve as soon as it is established. I hope this Bill will have a speedy passage through the Seanad and Dáil.

Mr. Coogan

I feel like a fraud in attempting to discuss this issue, having listened to previous speakers who have a great knowledge of and affection for the Shannon. I do not live on its doorstep so I do not experience the problems associated with it. I know from travelling across the country, however, what a phenomenal asset it is to the country and that it has been under-utilised over the years. We must look at what can be done to ensure the reversal of the damage which is spoiling such a wonderful waterway.

This Bill was initially introduced in this House by the then Opposition Senators, Deputies Daly and O'Kennedy. This possibly demonstrates that introducing Private Members' Bills is helpful in moving out of this House to the upper one.

Mrs. Taylor-Quinn

The Lower House.

Mr. Coogan

Yes, the Lower House, with higher pay. I compliment the former Senators on their commitment in introducing this Bill. I also compliment the then Government, of which we were part, which allocated time to debate this Bill. This demonstrates that both sides of the House are genuinely committed to the preservation, enhancement and utilising of the Shannon. Speakers have raised issues regarding this river and suggested how it is possible to reverse some of the damage.

Senator Connor spoke about the lip-service paid by the Government, when in Government and in Opposition, about how it would drain the Shannon. I recall one wit saying that if we could reverse all the blowing the Government did about draining the Shannon, it would have been sucked out long ago. However, I do not think arterial drainage, to the degree to which Senators have referred, can be undertaken on the Shannon. I know the Minister said the flooding could be due to the worst rains in 50 years. However, as has been referred to in this House and as is pointed out in newspapers daily, the effect of global warming will result in more rain. This problem will not be solved by us saying it will be another 50 years before it happens again. We must recognise that it can happen continuously.

Senator Henry referred to the flooding in Gort, which is in my constituency. We are aware of the difficulties experienced by farmers there. The damage to houses was irreparable and people could not live in them. This is due in no small way to the limestone base and the fact that water cannot be carried away. There may be an element of this in the Shannon but the truth is that there are a number of reasons for this flooding. Senator Connor spoke about the removal by Bord na Móna of the bogs which acted as a natural sponge for soakage. This means the water must be drained by some other means. When passing over the bridge in Athlone, one will notice the river continuing to spread away from the centre and on to good farming land which cannot be used.

I commend Senators O'Toole, O'Meara and Taylor-Quinn on introducing the Bill. I recall many years ago when studying social policy coming across an interesting issue relating to the waste of resources. It involved two local authorities and did not relate to the River Shannon; it involved another river. In this case one local authority owned a weed killer which collected gravel and weeds and did drainage work also. The second local authority rented a machine while the other was lying there for 11 months of the year and not being used. I am talking about the proper use of resources. A body such as the Shannon River Council could make proper use of resources because it would be aware of the facilities and machinery available along the river. It would perhaps have a right to decide what machinery to utilise. It would be able to oversee local authorities and say to them, "You do not need to buy a machine because one is already available. We will draw up a scheme for a year." The council should be given proper financial resources – I would double the allocation of £10 million in the initial stages – to enable it to buy the machinery. A plan could be drawn up and the machinery could be allocated to each local authority. This would alleviate double resourcing. There would be just one resourcing which would be properly planned and maintained.

There was reference to pollution. I drew up a list of rivers to acertain the degree of pollution in each one. I asked for a report to be drawn up but this has not happened. This indicates the high degree of pollution in every river, not just in the Shannon. The causes for this are well known. It would be wonderful if the Minister of State could say how many pipes are carrying raw sewage into the Shannon without being properly treated, and I am not talking about secondary treatment but about tertiary treatment. Septic tanks and slurry pits were referred to. I was speaking to someone who has some knowledge about concrete and how it can deteriorate over time. This person told me that within 20 years of the establishment of a concrete base it begins to leak. All slurry pits and septic tanks leak if they are more than 20 years old. Each year they continue to deteriorate, leading to more and more leakage. I am not blaming those who installed them. I am sure at the time they thought it was a permanent job and that they were doing the right thing. However, they do not work properly after 20 years. The person to whom I spoke, who has a deep and abiding knowledge of this matter, said that the water is being polluted as a result of this leakage.

Some Members spoke about eutrophication and zebra mussels. It is true that initially zebra mussels were found at the mouth of the estuary. Now they have crept into the estuary and into some of the tributaries also. This ensures that fishing on the Shannon, which was a wonderful tourist attraction, has almost disappeared. There are no trout to be found and if the zebra mussels continue to extend along the Shannon, there will be no pike, leading to no fishing on the Shannon.

I am familiar with Lough Corrib. Most of the restocking of fisheries is done by the fishermen's associations, clubs, etc. A restocking programme could be part of a plan whereby each local authority would give a commitment to restock particular rivers at particular times.

I commend the Bill and the Government for accepting it and I am sure more time will be given to this issue in the future.

Mrs. Taylor-Quinn

I thank Senators who contributed to the debate and the Leader of the House for allowing additional Government time this morning to conclude Second Stage. The debate has been extremely important and productive in outlining the urgent need to establish the Shannon River Council. The contributions reflect very strong views on all sides of the House which must be incorporated in the Bill. It is important that amendments are tabled on Committee Stage. Members on this side of the House will be tabling amendments but we will welcome also amendments from the Government side to strengthen the Bill.

It is regrettable that this course of action had to be taken. This side of the House repeatedly sought Government time to debate the Bill. Eventually we were forced to introduce it in Private Members' time. This was dealt with last Wednesday night. Earlier that day, it was indicated to us that the Government parties would be voting down the Bill. On further reflection, they reconsidered their position and the Minister of State, Deputy Treacy, suggested the Bill would be referred to the Committee on Public Enterprise for consideration and detailed examination with a view to making clear recommendations to Government on the exact method of bringing this important matter to finality. I am pleased the Government saw the light and has come to its senses on this matter. It has now decided to allow the Bill to proceed to Committee Stage through the normal course. I invite the Government to table amendments to strengthen the Bill further.

It is clear from the contributions of Senators that many are concerned about problems relating to the Shannon from its source in County Leitrim to the mouth of the Shannon between Loop Head and Kerry Head. The council will have specific authority from County Leitrim right down to the mouth of the Shannon, including all the catchment areas and tributaries.

The issue of pollution was referred to by a number of Senators. A Lough Ree/Lough Derg report has been drawn up on pollution in the Shannon catchment area. This indicates clearly the increased level of pollution and eutrophication in our rivers between 1971 and 1996. As Senator Connor said, Lough Ree is heavily eutrophic. A number of other rivers and lakes are strongly eutrophic and others are polluted to some degree. This issue needs to be addressed.

The problem is a lack of co-ordination between all the bodies with specific responsibility for the River Shannon. These authorities include the county councils, urban district councils, the ESB, Bord na Móna, Teagasc, the Inland Waterways, Office of Public Works and Dúchas. All these bodies have a specific input into the Shannon. As Senator Henry rightly said, the geographical and geological nature of the catchment area of the Shannon varies considerably. The result is that the underground water systems and the actual sources of the water systems have an input, to the advantage or disadvantage of the Shannon.

We must recognise that the River Shannon is a wonderful resource and that the river and the livelihoods and general interests of the people in its catchment area must be protected. This can only be done if a body is put in place which is representative of all the various interests. It must also be in a position to force the various authorities to fulfil their responsibilities.

It became evident recently, particularly during the flooding in the Roscommon, Offaly and Westmeath areas and also the River Fergus area, which is another tributary of the River Shannon incorporating the Ennis, Corrofin and Ruan areas in County Clare, that nobody is taking specific responsibility. People are being seriously affected by this problem and this is unsatisfactory and intolerable given the current economic boom. I hope the Bill will assist in that regard.

With regard to the flooding which occurred over six weeks ago in the areas I mentioned, will the Minister of State ask the Ministers for the Environment and Local Government and for Agriculture, Food and Rural Development to take into consideration the plight of the people whose houses and property were damaged? Farmers lost bales of silage and also after-grazing in September because of flooding. I ask the Ministers to show a humanitarian response and to have the Red Cross distribute funding to people who have been seriously affected in financial terms. It is unacceptable that they have been left waiting and that nobody is taking an interest. This is a poor reflection of our social conscience and our Christian attitude to people in distress.

There is support on all sides for the Bill. A total of 16 Senators contributed to the debate and I thank them for their sound and supportive comments. Strong points were made about the responsibilities which should be vested in the authority and I hope that on Committee Stage amendments will be tabled to strengthen the functions and enforcement powers of the authority. Timeframes under which certain works need to be done should also be included in the Bill.

Tourism and fisheries matters must be addressed. Bodies with responsibilities in this area, such as local fishing and angling clubs, the Department of the Marine and Natural Resources and the inland fisheries boards need to be involved and to have an input. I invite those groups to make submissions on their views on the Shannon River Council between now and Committee Stage because it is an important matter. I discussed the canal from Lough Neagh to the River Shannon with Senator Maurice Hayes earlier. It is a wonderful facility and it would be great if eventually there was a successful development from Lough Neagh to Loop Head. This would be highly commendable from a tourism point of view.

The Minister for Agriculture, Food and Rural Development has specific responsibilities. We are delighted that the Minister of State, Deputy Cullen, is present and I welcome him to the House. He has major responsibility in this area with regard to the Office of Public Works. However, for some reason, it is difficult to get the Office of Public Works to identify its responsibilities. There is always confusion between the Office of Public Works and the Department of Agriculture, Food and Rural Development, which now has the responsibilities of the former Land Commission, and local authorities. It is always difficult to identify who has responsibility at local level when an issue arises in regard to a sluice gate or a flooding problem. I hope this matter can be ironed out on Committee and Report Stages.

Minister of State at the Department of Finance (Mr. Cullen)

In an effort to be helpful to the Senator, I point out that the Office of Public Works has no role whatsoever in the Shannon at present.

Mrs. Taylor-Quinn

I thank the Minister of State for that point of information. I hope that, by the time the Bill is enacted, the Office of Public Works will have a major role and serious responsibilities. I would not like to think that the Office of Public Works is not vested with sufficient powers or that it did not take specific responsibility for the River Shannon. I am sure that, before the Bill concludes, we will do something to ensure the current position is changed. I hope we will get the full support of the Minister of State to that end because I am sure he would welcome additional powers and responsibilities in his Department and additional funding to execute those powers.

I thank the House for bringing the Bill to this point. I look forward to Committee Stage being taken at an early date so that something concrete can happen locally to improve the lot of the people in the river's catchment area.

Question put and agreed to.

An Leas-Chathaoirleach

When is it proposed to take Committee Stage?

Mrs. Taylor-Quinn

Next Wednesday, subject to the agreement of the Whips.

Committee Stage ordered for Wednesday, 23 February 2000.

Sitting suspended at 12.26 p.m. and resumed at 1.30 p.m.