I welcome the Minister of State at the Department of Justice, Deputy James Browne, to the House.
Nithe i dtosach suíonna - Commencement Matters
An Garda Síochána
The Minister of State is welcome. While the wording of my Commencement matter refers to a Garda station in Donegal, a station is not necessarily what we need. This is more to do with the Garda review that is taking place across the country. I am here to pitch on behalf of the people in Donegal and also a representative group that wrote to me recently, namely, the Donegal Public Participation Network chaired by Mr. Joe Boland. The network represents 698 community groups in the county and recently made representations to the Garda Commissioner, Drew Harris, on the proposed new policing network that proposes to merge Donegal with Sligo and Leitrim. It was to be the Donegal-Sligo-Leitrim division and now I believe it is to be the Sligo-Leitrim-Donegal division, which shows already where Donegal will come in the pecking order.
Moreover, under the current proposals, Donegal is being left with bases in Buncrana, Letterkenny and Ballyshannon. If we take a line from Letterkenny to Ballyshannon, everything west of that line represents nearly two thirds of Donegal, which is roughly the size of Sligo and Leitrim put together. The cover in that area is not sufficient. The Border stretches for 100 km along Donegal. On the other side of the county, we have much more than coastline. Like everywhere else, we have serious drug problems. The level of policing proposed for west Donegal is in no way sufficient. The population of the area multiplies over the summer months. My district of Milford, which is roughly the size of County Fermanagh, is losing its superintendent. Given the vast size of the district, the proposal for cover there is completely insufficient.
I make a strong appeal to the Minister of State regarding the current proposals for County Donegal. We are being lumped in with the Sligo-Leitrim division. Donegal is joined to the rest of the Republic by a border of only 4 km in the south of the county. We are already seeing the name change from the Donegal-Sligo-Leitrim division to the Sligo-Leitrim-Donegal division. If the main base is to be in Sligo, Donegal is not going to get the representation and type of policing we need. There are serious drug problems everywhere but Donegal in particular is too close to the Border. It is too easy to bring in drugs by aircraft or boat. Recently, we had major drug finds in the Milford district.
I appeal to the Minister to take another look at Donegal as part of the review, especially west Donegal where the population explodes during the tourist season. West Donegal is a big part of the Wild Atlantic Way. In the past couple of days, we have had an issue in Sliabh Liag in west Donegal, which is currently being investigated. The proposals before us for cover in west Donegal are just not good enough. I am thankful the Wild Atlantic Way is becoming successful and tourist numbers are increasing year on year. We need a review of the proposals for Donegal.
On behalf of the Minister for Justice, Deputy McEntee, I thank the Senator for raising this important matter. Senator Blaney has been consistent in his support for An Garda Síochána and County Donegal both within the Chamber and with the Department of Justice.
This Government is steadfast in its commitment to building stronger, safer communities. Everyone deserves to be safe and to feel safe in their local community and this is a central tenet of Government policy. The Government remains committed to ensuring An Garda Síochána has the resources it needs to police communities across the country and keep our communities safe. An unprecedented allocation of over €2 billion was provided in budget 2023 and this is funding the planned recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.
The Senator will appreciate that the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including the Garda estate, and the Minister has no operational responsibility in relation to Garda estate matters, such as the location of Garda stations. Similarly, the deployment of Garda members falls within the remit of the Commissioner and the Minister has no operational role concerning the allocation of Garda resources, as set out in law. The Minister is assured by the Commissioner that these matters are kept under continual review to deliver on An Garda Síochána's mission of keeping people safe.
The Garda Commissioner continues to roll out the new Garda operating model provided for in the Garda Síochána (Functions and Operational Areas) Act 2022. This new operating model seeks to release front-line gardaí from roles that can be effectively carried out by civilian Garda staff, thereby facilitating a stronger focus on community safety. The new model will also enhance the investigation of crime through the delivery of a greater range of specialised services in local areas, such as the investigation of sexual crime, domestic violence, cybercrime and economic crime.
The Garda operating model plans to replace 28 Garda divisions with 19 divisions. There are four functional areas within each operating model, namely, business services, community engagement, crime and performance assurance. Each division is headed up by a chief superintendent and each functional area is headed up by a superintendent, with an assistant principal officer leading on business services. The model as proposed by the Commissioner seeks to reduce significantly the administrative and bureaucratic workload that presently sits with superintendents at district level. Reducing this administrative workload will mean superintendents and local commanders will have the capacity to devote more time to community engagement duties, ensuring closer partnership and discussion on community policing matters and addressing local concerns.
As regards County Donegal, I am aware the Commissioner committed that superintendents would hold community forums throughout the county to hear from communities. More than ten of these meetings occurred in the first quarter of this year. Feedback from the meetings informs and influences local policing plans. I am advised by the Garda authorities that a significant amount of progress has been made across the Sligo, Leitrim and Donegal divisions to establish the business services functional area that will uplift the administrative and bureaucratic load from superintendents. The full operation of this support service will be in place by July and fully staffed by Garda civilian staff.
Finally, I am informed by An Garda Síochána that a review of the newly established three-county Mayo, Roscommon and Longford division is currently being undertaken to assess the effectiveness of the three-county model to date. The Garda review seeks to identify lessons learned from this for the benefit of future divisions, such as Donegal, scheduled to move to a three-county model.
I thank the Minister of State for his reply. I acknowledge the Minister is saying she does not have influence in this but the reality is that Kerry was to be a different model. The outcome there is now different, probably for good reason. In order to expand tourism, we in County Donegal are seeking to go down a similar route to that taken in County Kerry. Donegal is a large county. Responsibility will lie with the Minister for Justice if there is insufficient Garda cover in west Donegal, as is currently the case. Gardaí on the ground are talking quietly to community groups. They are not happy with the cover that is currently in place. In addition, there are large Gaeltacht areas in Donegal. There is an element of responsibility there. I am pleading with the Minister of State to go back and have a discussion with the Minister, Deputy McEntee. The cover in Donegal is insufficient. I will keep harping on about it here until something is done about it, as proposed.
I again thank the Senator for raising the important matter of the need for a Garda station and resources in west Donegal. I assure him the Government is unwavering in its commitment to providing An Garda Síochána with significant funding to perform its crucial policing role nationwide.
We are now in a period of sustained recruitment of Garda members and staff. This enables the Garda Commissioner to increase the number of gardaí on duty and redeploy more gardaí to front-line policing duties. The most recent Garda recruitment campaign received 5,000 applications, which indicates the considerable level of public interest in becoming a Garda and building a career with An Garda Síochána. The number of trainee Garda members has been steadily increasing at the Garda College at Templemore with each intake. Last November, 92 recruits entered the college, while 135 commenced in February and another 154 commenced in May. An Garda Síochána is prepared to take in a new class every 11 weeks for the remainder of the year, as provided for in the budget. The number of Garda members has risen by almost 9% since 2015, when the Garda College reopened. These gardaí are supported by approximately 3,100 Garda staff across the organisation, representing a substantial increase of more than 50% on the total number of civilian staff in 2015. This allows gardaí to be freed up from administrative duties and move onto the front line. This dedicated and ongoing funding and growing of Garda resources will continue.
Sports Events
Ar dtús ba mhaith liom fáilte a chur roimh an Aire Stáit. Gabhaim buíochas leis as an cheist seo a fhreagairt. He is aware of the subject of this Commencement matter. I am sure he is familiar with the level of frustration, anger and upset at the paywall on GAAGO pertaining to a range of matches, not least important matches such as the all-Ireland senior football championship quarter-finals that will take place this Saturday.
Is this not, in essence, an increase to the licence fee by stealth? RTÉ is meant to be the public service broadcaster and these are our national games. I would appreciate it if the Minister of State were not on his phone. I accept that RTÉ cannot show all these games across its two stations but it would be appropriate for it to find other platforms, such as GAAGO, on which to broadcast the matches. What is the reason for the paywall, however? That is the fundamental question. What is the need for that additional cost when people already pay a licence fee?
Other public service broadcasters, such as the BBC in the North, make games available via other platforms such as the iPlayer or the red button. Those watching coverage of the Glastonbury music festival last week could press a button and view concerts from a range of different stages, as well as seeing content from earlier in the day or from historic Glastonbury festivals. That was all available on one platform provided via the licence fee people pay.
This is about fairness and value for money that is already being paid. RTÉ purchased the rights to broadcast the games. Some of them are free to air, while others are pay per view. It is important to remind ourselves that RTÉ is a 50% shareholder of the GAAGO app. It seems there is a nice circular economy going on here. In a week when RTÉ is mired in controversy over the eye-watering salaries of some of its presenters, surely we can agree the Government needs to work to ensure fairness for ordinary punters. They should be able to sit down after a hectic week and enjoy the matches, given that they are already paying for the service and should be entitled to enjoy important games, not least the semi-finals. I do not want to pick a team or declare support for a particular county. I hope County Down wins the Tailteann Cup. Unfortunately, we did not make it to this stage of the championship.
I have no doubt the Minister of State has picked up on the frustration in respect of this issue. I am sure it has been raised with him. He is probably frustrated at this strange anomaly. I accept that not every game can be shown on RTÉ 1 or RTÉ 2 and there may need to be a move to a different platform. This situation is a bit much, however, in the middle of a cost-of-living crisis when money is already tight and people's backs are against the wall. Surely the GAA, which is meant to be community-led and rooted for its members, has a responsibility in this regard. The public service broadcaster has been using money in one way but it could potentially be used in another way that would actually provide additional services to viewers, licence fee payers and sports fans.
The Minister of State is very welcome to the House.
I apologise for my phone ringing while the Senator was speaking. It happens to everybody from time to time. I am taking this Commencement matter on behalf of the Minister, Deputy Catherine Martin, who cannot be here today. The importance of the GAA championships to sports fans is unquestionable. Broadcasting and commercial rights, however, are a matter for the GAA and its broadcast partner.
The GAA is free to enter into any commercial agreements, with the revenue generated supporting the continued development of the games from grassroots to elite level. There is always a challenge for sporting bodies in striking a balance between generating revenue and ensuring that as wide an audience as possible has access to the games. Obviously all sports fans would like to see more games broadcast and especially those involving their own counties. Over the course of the current championship 31 matches will be broadcast for GAA sports fans. This is the same number of matches that was available to viewers in the 2022 championship season, and GAAGO is providing games that were not previously available on free-to-air television. Games in previous championships were only broadcast by Sky or in some instances not available to view at all.
It is important to factor in the changes that have been made to the championship structure. More rounds and more matches are now being played over a shorter and more compacted season. The frequency of the matches being played means that there will always be occasions when high-profile games will clash. To lift the paywall as the Senator suggested would mean designating the entire championship to ensure that every game would be available free to air. The designation of major sporting and cultural events is a statutory process provided for under the Broadcasting Act with the criteria for deciding on events coming from an EU directive. Currently, the all-Ireland intercounty senior football, hurling, ladies football and camogie finals are the only Gaelic games with official designated free-to-air status. The current designation process is under way with the initial public consultation identifying events for further public consultation. The Minister, Deputy Catherine Martin, has paused the process to allow for sporting events and organisations to recover from the effects of Covid-19 health restrictions.
I understand that as a full uninterrupted sporting year has now passed, the Minister will recommence the process in the near future. The Minister will invite the public, sports bodies and stakeholders to participate and give their views on the events being considered. In addition to the consultation, a detailed independent evaluation will take place which will take into account how events meet the prescribed EU criteria and the balancing of any potential economic impacts against the benefits to the public of designating the events. On successful completion of the second stage of the process, Department officials must then engage with the European Commission, which will consider the proposed events against the criteria. The statutory process is not meant to designate an entire competition or all of one sport's matches but to protect as free-to-air events major national events of significant cultural importance to the nation.
I appreciate, as I have said in all of my remarks on this issue, that there are commercial issues at work here. I appreciate the remit which the Minister of State and indeed the line Minister have to operate within. I appreciate that the Minister of State has outlined quite a substantial piece of work that needs to be carried out and that we will not resolve the issue in a Commencement matter this morning. I think and hope we can agree on one principle, regardless of protected games, into which I would like to delve a bit more down the line. I do not accept that matches cannot be provided for via another online platform such as GAAGO without the paywall, if there is the will to do that moving forward. There has to be cognisance of the real frustration and the real inequality, I suppose, coming about as a result of this. Some people can see certain games. There does not seem to be any coherence to which games will be behind a paywall and which games will not. Kerry fans have outlined that four of their team's last five games have been behind a paywall. I do not want to get into the minutiae of that. I simply want to make the case that there is a problem here that is being raised with us across the board. I think the complaints are justified complaints. Both the public service broadcaster and a community-led organisation such as the GAA need to work to ensure equity for viewers and audiences right across the island. In making the point that people should be able to watch games regardless of the platform - whether it is on their television, phone or laptop, - I am not saying that they should be able to do so for free or without cost. They are already paying their licence fee to the public service broadcaster, which should provide the broadest possible service in return. Gabhaim buíochas leis an Aire Stáit as an fhreagra.
I reiterate that the Minister, Deputy Catherine Martin, apologises for not being here. I will ask her to reflect on the contribution made today and to revert to the Senator directly. As the House will appreciate, it is not a matter for which I have responsibility. I will ask the Minister to respond directly to the Senator.
Medical Aids and Appliances
I thank the Minister of State for coming to the House. I have raised this issue previously in Commencement debates over the years and I am taking this opportunity to do so again. Diabetes patients can only access FreeStyle Libre if they are under 18 years of age, rather than on the basis of clinical need. This product is widely available for those with diabetes up to the age of 18. Once the patient reaches this threshold, he or she is removed from this treatment, other than in exceptional circumstances, and is provided with a different treatment. This is notwithstanding the patient's familiarity with and usage of the existing FreeStyle Libre product. The removal of the patient from the treatment they know best is based solely on age considerations rather than clinical need or suitability for this product. That is the key issue here. The issue affects a significant proportion of the Irish population, including many people whom I have come across in County Louth. There is a failure to make FreeStyle Libre available for all patient cohorts, irrespective of age, and to reimburse the product more generally.
I would like to make a couple of points. Having a choice of technology is critical. It should be a case of the right technology for the right patient at the right time, or of the technology that meets the clinical needs and preferences of the patient while considering the functionality of the device. Access is not to be determined primarily by an age criterion. Currently, only a small portion of the type 1 diabetes population in Ireland aged between four and 21 years is funded for FreeStyle Libre, which accounts for approximately 14% of the type 1 diabetes population. While funding is in place for another similar-sized cohort of people with type 1 diabetes to access other continuous glucose monitoring systems, these options are considerably more costly. This leaves roughly 20,000 people who have type 1 diabetes in Ireland without access to glucose monitoring technology, which has become a standard of diabetes care right across Europe.
Ireland is behind the rest of the world in terms of diabetes care. Some 44 countries worldwide, including Great Britain and Northern Ireland, now reimburse FreeStyle Libre for intensive insulin users. However, in Ireland it has been six years since the primary care reimbursement service, PCRS, undertook a health technology assessment group appraisal of the product. All these years later, there is no further certainty or clarity for patients. The reimbursement of FreeStyle Libre for people with diabetes is significant because it allows for the remote monitoring of their condition. That is really key because it frees up much-needed doctor and hospital appointments, and leads to better management of the condition, improved outcomes and a better quality of life. Glucose monitoring systems enable individuals to monitor their blood sugar levels more closely, thereby reducing the risks and lowering the incidence of diabetes-related complications.
These technologies have become a fundamental part of diabetes care in many countries. Access to them should be considered as a real right for people living with diabetes. I do not believe that discriminating against them in terms of age makes sense. It does not make sense to me that children who commence their treatment on this device see themselves forced, at the age of 18, to simply switch over to another treatment process by virtue of their age. A survey of diabetes patients in Ireland highlighted the frustration of many people with diabetes who are unable to start, or who have to stop using, flash glucose technology due to a lack of reimbursement and unaffordability. This issue impacts not only the individuals with diabetes who are unable to access this really important technology, but also their families and the wider community. As policymakers, it is our responsibility to ensure our healthcare system is providing fair and adequate access to vital medical technologies in a timely manner. With that in mind, I bring this issue to the Seanad today. I hope we can find a timely solution for all patients with diabetes in this country.
I am taking this Commencement matter on behalf of the Minister and Ministers of State in the Department of Health, none of whom are available today. I thank the Senator for raising this issue. The HSE has statutory responsibility for decisions on pricing and reimbursement under the community schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013. In making a relevant reimbursement decision, the HSE is required under the Act to have regard to a number of criteria including clinical efficacy, the health needs of the public, cost-effectiveness, and potential or actual budget impact. The Minister for Health has no role in these decisions.
A variety of glucose-monitoring devices and sensors are available to people with eligibility for diabetes. There is a national tender arrangement in place for aids and appliances under the community-funded schemes, including continuous glucose-monitoring devices. Hospitals must apply for funding for patients when such a device is warranted. Hence, applications for the reimbursement of such devices do not go through the HSE’s PCRS. The sensors that are used with continuous glucose monitoring devices, where approved, are reimbursable under the community drug schemes, such as the medical card General Medical Services scheme, the long-term illness scheme and the drug payment scheme. These are reimbursable via the PCRS. Currently, consultant endocrinologists may apply to the HSE, on behalf of specific patients with type 1 diabetes, for reimbursement support of FreeStyle Libre flash glucose-monitoring sensors. The application process is undertaken by means of a dedicated online portal, which has been operational since 2018.
In line with the recommendations of the health technology assessment group, access to the product was made available to children and young adults aged between four and 21. However, the online application process does cater for the consultant to make an application in very exceptional circumstances for a type 1 diabetes patient who is over 21 years of age. The HSE had requested that the National Centre for Pharmacoeconomics carry out a full health technology assessment, HTA, on FreeStyle Libre. Despite the HSE emphasising the importance of engaging with the HTA process, the company has not submitted a HTA dossier to date.
Following a request from the HSE, HIQA has undertaken a rapid HTA to review the evidence of the clinical and cost-effectiveness of continuous and intermittent glucose monitoring systems for adults with type 1 diabetes. The HSE is awaiting the outcome of this value assessment which is currently ongoing and is expected to be published in the coming months. FreeStyle Libre 2 sensors are undergoing formal pricing and reimbursement in line with the Health (Pricing and Supply of Medical Goods) Act 2013 for patients with type 1 diabetes. Other continuous glucose monitoring devices, such as Dexcom and Medtronic devices, are available as aids and appliances under the community-funded schemes for those with type 1 diabetes. The respective sensors are available under the community drug schemes, and there is no applicable age restriction for these.
I thank the Minister of State for that. The crux of this issue is choice. As I said, it is really about having the right technology for the right person at the right time on that person's medical journey when it comes to diabetes. The concept of basing decisions on age criteria rather than clinical need is certainly an issue. I welcome the report that is going to come from the HSE in the next couple of months. Hopefully that will shed some light on the issue. Again, this should come down to clinical need rather than age criteria.
In principle, I do not disagree with what the Senator is saying. As I said, I will ask the Minister for Health, Deputy Stephen Donnelly, to revert to him directly.
Environmental Policy
Cuirim fáilte roimh an Aire Stáit. As the Minister of State is well aware, the Citizens' Assembly on Biodiversity Loss has completed its work, and I want to acknowledge and commend the remarkable 100 individuals involved who, over the seven meetings from May to January of this year, produced a report which includes 159 agreed recommendations from its 99 members. It is crucial for all of us, as Members of the Oireachtas, to thoroughly study the report and consider its recommendations, and for the Government to take decisive action upon them. The next phase will be that the Joint Oireachtas Committee on Environment and Climate Action will conduct meetings and prepare its own report. I hope the committee will receive the necessary resources to do that.
We must acknowledge that time is of the essence. We find ourselves in the midst of a sixth mass extinction event, and waiting for another report is a luxury we cannot afford. It is paramount that the Minister of State and the State take prompt, decisive and urgent action to address biodiversity loss and restoration, providing leadership in safeguarding for Ireland's biodiversity for future generations as emphasised in the report's recommendations. One of those recommendations - I am sure the Minister of State is aware of it and has read the report - refers to the Arterial Drainage Act 1945 as a prime example of where the State should take action. A staggering 98% of members of the Citizens' Assembly on Biodiversity Loss agree that this outdated Act no longer serves its purpose, and that it requires a thorough review and updating to account for biodiversity, the climate crisis and actual adequate flood management because it is not fit for purpose.
The Irish Wildlife Trust has tirelessly exposed the folly of the Arterial Drainage Act. In fact, in a concise blog post called "The war on rivers", Pádraic Fogarty aptly states that the arterial drainage programme has devastated river ecosystems, robbing them of their fundamental ecological function. Under the Arterial Drainage Act, the Office of Public Works, OPW, is mandated to maintain over 11,000 km of river channels in Ireland. Unfortunately, the so-called maintenance results in the destruction of entire river systems. According to section 37 of the Arterial Drainage Act 1945, the OPW is legally obliged to keep all rivers, embankments and urban flood defences in proper repair and effective condition. As a result, the OPW employs heavy machinery, tearing out trees, decimating fish spawning grounds and transforming rivers into canal-like structures filled with debris.
Ceasing the arterial drainage works would not only benefit biodiversity but would also reduce the risk of flooding in our towns and villages. Flood management strategies have evolved significantly since 1945, and I believe the Minister of State would accept that we have moved on since the 1940s. Recent research, even by our nearest neighbours in Britain, demonstrates that nature-based approaches like "slow the flow" can provide a win-win solution for both biodiversity and flood prevention. What we need now is a law that is fit for purpose, one that effectively addresses the biodiversity and climate crisis and works harmoniously with people and nature.
I urge the Minister of State to outline the steps that are being taken to review the Arterial Drainage Act and to confirm that the Government will act on the recommendation of the Citizens' Assembly on Biodiversity Loss report. This is not the first time I have raised concerns I have with how the OPW treats nature and has often shown contempt for the law. I have raised the case of Emo Court, where the OPW actually broke the law numerous times and was never held to account. In another investigation which is particularly relevant to the Arterial Drainage Act, the Irish Wildlife Trust found that the OPW destroyed a kilometre of the Newport river in County Tipperary, a part of the lower River Shannon special area of conservation. Again, it faced no sanction whatsoever.
There are serious issues at stake here, so the question for the Minister of State is whether he agrees with the Citizens' Assembly on Biodiversity Loss. Does he agree that engineering, flood management and science have moved on since the 1940s and, therefore, the Arterial Drainage Act is no longer fit for purpose? If so, what steps will he take to review and update it?
By way of background, State intervention in addressing the flooding of lands and the improvement of same by drainage, principally for agricultural use, commenced with the passing of the first Drainage Act in 1842. For the next century, schemes of drainage works were carried out in over 200 drainage districts to improve over 200,000 ha of land. Approximately 170 of those drainage districts remain in existence. Maintenance of these is a statutory responsibility of the relevant local authority.
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 five estuarine embankment schemes. Investment by the State through the OPW in the programme of catchment arterial drainage schemes and estuarine embankment schemes was bolstered by significant investment through the Department of Agriculture in improving land drainage for food production under the 1949 land project scheme and successor funding initiatives. There are no plans to undertake further such large-scale arterial drainage schemes.
On the beneficial objectives served, the arterial drainage schemes progressed under the 1945 Act are providing drainage outfall for 242,800 ha of agricultural lands. Importantly, there has been significant development in these areas since the schemes were completed. The land drainage schemes now also provide a level of protection from flooding to property, infrastructure and communities, including in excess of 21,000 properties, nearly 2,500 km of roads and 77 towns and villages. 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 and, as I said, 77 towns and villages and over 21,000 properties.
The maintenance of OPW 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 the law and the relevant legislation through a range of environmental assessments, including strategic environmental assessments, appropriate assessments and ecological assessments, supported by widespread stakeholder consultation. The OPW, in partnership with Inland Fisheries lreland 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. The OPW environmental guidance, which is available on our website, is a practical handbook that brings lessons learned from environmental problem-solving, enabling ongoing improvements in environmental performance.
The continued requirement for ongoing drainage of such lands is being questioned in light of environmental concerns regarding the impact of such schemes, including, but not exclusively, those of the Citizens' Assembly on Biodiversity Loss. This is reflected in the call for a review of the Arterial Drainage Act, which was a recommendation in the report of the Citizens' Assembly on Biodiversity Loss published in April 2023. The Senator has raised an important issue. It is clear that there are many views regarding the programme of arterial drainage maintenance being undertaken by the OPW. The views of the nearly 22,000 property owners affected will be among them.
While there are calls to cease arterial drainage to progress a number of cross-cutting environmental objectives, there are also calls from others, of all parties including the Senator's party, to increase the maintenance activities being carried out in light of flood risks. It is also important to note that climate change will increase the flood risk as well. Options to reverse arterial drainage schemes and for ceasing arterial drainage maintenance for lands currently benefiting from such maintenance must be informed by land use policy.
In this regard, the land use review provides an appropriate mechanism to identify the existing and future requirements for land drainage.
I have written to the Minister for Agriculture, Food and the Marine, Deputy McConalogue, the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan, and the Minister for Housing, Local Government and Heritage, Deputy O'Brien, as the co-leaders of the land use review, requesting that the matter be considered in this context. The land use review will provide clarity regarding the future national drainage requirements, having regard to a broad range of policy goals, including agriculture, flood risk mitigation, climate action, biodiversity and water quality. This will inform the consideration of any proposed changes to arterial drainage practices and any associated legislative changes to the Arterial Drainage Act, having regard to all potential benefits and impacts.
For some reason, the Minister of State seems to think that a review of the Arterial Drainage Act means a complete cessation of all flood management works but that is just scaremongering. It is the same type of scaremongering that we are seeing with regard to the nature restoration law by the European People's Party group in Brussels. What we are talking about is a review of the Act so that it is fit for purpose and protects properties, towns and villages while also protecting our biodiversity.
The Minister of State said that the OPW carries out works in compliance with environmental legislation but the evidence before our eyes is to the contrary. The OPW is regularly in breach of both EU and national environmental legislation. What we need is an OPW that respects the law as well as flood management and land use systems that are fit for purpose and protect homeowners, villages and towns, but also protect biodiversity.
If the Senator is looking for evidence, I suggest she look at Bandon, Clonakilty, Clonmel and Waterford, to name a few places, where this terrible organisation to which she refers, the OPW, which seems to know nothing about what it is doing, as far as the Senator is concerned, has alleviated the scourge of flooding-----
It breaks the law.
I did not interrupt the Senator. It has alleviated the scourge of flooding for tens of thousands of people. I know the Senator has a particular gripe against the OPW but I hope that is not reflected in her party's policies, particularly in rural constituencies. The people that I and the Acting Chairman represent, the landowners and property owners who are beneficiaries of the work the OPW does under the Arterial Drainage Act, would have something to say about that.
Any review will obviously take biodiversity loss into consideration. We are not flat-earthers. On behalf of the men and women who work for the OPW, I resent the suggestion the Senator has made again today that the OPW is a bunch of lawbreakers. If there is particular-----
I have the proof. I have the proof and it has been printed in the newspapers. If it is not true, the OPW would have taken a case against-----
I did not interrupt the Senator and I do not know why she is getting so hot and bothered.
The OPW breached the law and was not prosecuted.
The Senator should let me finish.
That is why I am getting so hot and bothered about it.
Please have some respect for the Minister of State's reply.
Senator Boylan is a Member of our national Parliament. If she has evidence that someone has broken the law-----
I brought the evidence to the Department.
-----there is an appropriate channel through which she can deal with that-----
On a point of order-----
-----instead of coming in here and rubbishing the reputation of the men and women who are out there alleviating flooding for people.
We are out of time.
On a point of order-----
We are out of time.
This is grossly unfair to public servants up and down the country.
On a point of order, I have the evidence-----
We are out of time.
I have it from the Office of the Information Commissioner that it recommended a prosecution against the OPW and the Minister of State knows that. The Minister of State knows that. He knows I have the evidence.
Cuireadh an Seanad ar fionraí ar 10.14 a.m. agus cuireadh tús leis arís ar 10.30 a.m.
Sitting suspended at 10.14 a.m. and resumed at 10.30 a.m.