The Office of Public Works does not have legal responsibility for maintenance of former Land Commission embankments. There is no question of the OPW failing in its responsibilities in this regard therefore. The document provided by the Deputy has no statutory basis and originated from a meeting between OPW and Kerry County Council in 2007.
Following the abolition of the Land Commission, a Public Trustee administers a fund that was intended to provide for maintenance of the former Land Commission embankments. In practice, however, there is little, if any, funds remaining for maintenance of any of these structures. Maintenance works have in some places been carried out on these embankments by the relevant landowners.
It is a matter for Kerry County Council in the first instance to assess coastal protection issues in the locations concerned.
It is open to the Council to submit applications for works under the OPW Minor Flood Mitigation Works & Coastal Protection Scheme for these locations. If applications are received, they will be considered in light of the Scheme criteria and having regard to the overall availability of resources for flood risk management.
The OPW has written to City and County Managers in coastal counties indicating it will accept applications under its Minor Flood Mitigation Works & Coastal Protection Scheme for repairs to built flood defences and coastal protection structures which have been damaged by the recent storms. This is a once-off measure to reinstate built coastal defences to their pre storm condition. The specific application form for this is entitled Coastal Storm Flooding Damage Questionnaire 2014 and is available on OPW's website www.opw.ie under Flood Risk Management.