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Joint Committee on Agriculture, Food and the Marine díospóireacht -
Wednesday, 8 Nov 2023

Concerns for Sourcing Winter Animal Feed in Shannon Callows Area: Discussion

Witnesses giving evidence within the parliamentary precincts are protected by absolute privilege with respect to the evidence they give to a committee. This means that witnesses have full defence in any defamation action arising from anything said at a committee meeting. Witnesses are expected not to abuse this privilege and may be directed to cease giving evidence on issue of the Chair's direction. Witnesses should follow the direction of the Chair in this regard and I remind them of the long-standing parliamentary practice in respect that as is reasonable, no adverse commentary should be made against an identifiable third person or entity.

Witnesses who are giving evidence from a location outside of the parliamentary precincts are asked to note that they may not benefit from the same level of immunity from legal proceedings as witnesses giving evidence from within the parliamentary precincts, and may consider it appropriate to seek legal advice in this matter. Privilege against defamation does not apply to publication by witnesses outside the proceedings held by the committee of any matters arising from the proceedings.

For the second session, the committee will hear from representatives of the Save Our Shannon Organisation, including: Mr. Michael Silke, chairman; Mr. John Ryan, treasurer; and Mr. Liam Broderick, public relations officer. They are welcome to this evening's meeting. I will allow the witnesses five minutes to read an opening statement, and then we will proceed into a question and answer session.

The witnesses are taking two minutes each. That is fine, and whoever wants to go first may begin.

Mr. Michael Silke

I thank the Chair, and we are very grateful to get this meeting here this evening, and we thank the committee for its efforts in meeting us here. I would also like to thank Deputy Claire Kerrane for her efforts in organising the meeting.

We are from the Save Our Shannon Organisation. It is an organisation that represents farmers in counties Galway, Offaly, Roscommon, Westmeath and further afield. We have been very hard hit this year. In our submission, it states that there are 7,000 acres of meadow gone, and 7,000 acres of grazing gone in that specific area. It is a disaster area, really. There is no question about that. The flooding started with us when we had a major flood on St. Patrick's Day. That was carried on. We could not get the cattle into our Callows until the first week of June. Then we were seriously flooded again from 10 to 15 June. We got about a month to five weeks out of the Callows in the grazing area. The meadow areas were a total washout. We got absolutely nothing whatsoever out of those, so our land has been destroyed the whole year.

We can look today at what is happening. Farmers have no fodder. The guys who were normally grazing the Callows had to put their cattle out on their silage ground at home to try and keep their cattle going, and they have no fodder. There is a very serious situation evolving down there.

I thank the Tánaiste and the local Deputies whom we met down in Athlone back in September, and I would like to compliment them on delivering the package yesterday. On the package that was delivered, while it is a good package in many respects, the 15 ha issue is a major issue because a lot of farmers have lost very heavily. As well as that, there is no talk about grazing. The farmers in the grazing areas, as I have outlined to the committee, have been equally at a loss. They got a month on the Callows this year, and they are under serious pressure, as well as being in with the meadow at the minute.

Okay, Mr. Silke.

Mr. Michael Silke

We are tied to two minutes obviously, are we Chair?

Mr. Silke will have the opportunity to elaborate further in questions and answers.

Mr. Liam Broderick

Mr. Silke can have my two minutes. I will waive mine until later.

Mr. Michael Silke

Can I go on for two more minutes so?

Okay. Mr. Silke can.

Mr. Michael Silke

We have the look at the issue of the flooding of the Shannon, where it all started. I will start in Victorian times, when the weirs were built, and I am not going to start naming them because I do not have time. Then we had Ardnacrusha, and that has an awful effect on us upriver. There is 100 ft of water held back in Ardnacrusha, and between Portumna and Meelick, there is a 10 ft embankment that was built by the ESB back in the 1920s and 1930s. That is holding the water in from the Callows in that specific area. We are the fall guys between Athlone and Meelick. There was nothing done for us. When the water comes from the lakes, and it comes at a very fast rate from both Lough Ree and Lough Allen, we have a serious problem in those areas with the levels that are being maintained in Lough Ree, Lough Allen and Lough Derg.

This year, for instance, on 10 July the water was rising quite rapidly in the lakes. In Lough Allen, it had risen by over 2 ft on 12 July. Coming down from Athlone towards Shannonbridge, the Shannon had risen 2 ft again. Half of the gates were closed in Meelick. That is the harsh reality, and we were flooded a few days after. We could see this coming a week to ten days before, and we were asking and craving that the ESB, Waterways Ireland and the OPW would let the water go. They simply did not and would not let it go. That is the reason we have the situation that we have at the minute.

Going back to the flooding and the flood events that we have had, we had a major problem in 2009. We all saw that one on television, I am sure. It was a major flood and way in excess of the one in 1954, which was supposed to be the mother of all floods. It was 2 ft higher. We were told it would never happen again but it happened again in 2015-16. Again, it was 8 in. higher than 2008, so that was 2 ft 8 in. higher than 1954, and the consequences for us in the middle Shannon has have been disastrous. We were told the catchment flood risk assessment and management, CFRAM, studies were being put in place. We were told they would take care of all of our needs but they did not take care of any of our needs. They looked after the towns and the villages. They built flood defences in those areas but for us, they did absolutely nothing. We are living with the consequences today.

There are environmentalists who like to talk about the Shannon Callows and it is supposed to be a fantastic place for an ecosystem and so forth. However, we are killing off the ecosystem. We have killed the corncrake. In 2002, we had a major summer flood that killed the corncrake. We have what is left wader bird population now, and the wader birds are the curlew, redshank, lapwing and snipe. They are going to be gone inside of five to ten years if we do not do something about the flooding. That is how serious it is, not to mind the fishing, boating and you name it.

I will finish on this. The people in our area are asking very clearly and distinctly why they are being punished in the manner in which they are. The towns and villages have all been looked after but the people in rural Ireland have been thrown to the wolves. People are asking the question: "Why is this being done to us?" I thank the Chair.

Mr. John Ryan

I want to thank the Cathaoirleach and members for the invitation. I am living and farming in Shannonbridge, west Offaly. I will give a quick briefing of the situation facing me and others in our area. I have a family-run farm. I am married to Sinéad, with three children. We are all involved in the farm, which is a dairy and beef farm. Since July, we have roughly 40 ha, up against 100 acres, under water. Our losses accumulate to hundreds of bales of silage or hay. We have numerous acres lost for grazing as well.

Over the years, we have upgraded our farm. We have moved with the times. We put massive investments in and we have mortgages like every other young family. These have to be paid. I have a young fellow going to college. He turned around the other day and said: "Listen, Daddy, I know I am going back. The pressure is on, we want to keep a good herd together, I will take a year out." That should not happen. He should not have to say that, and I do not want him saying that. It is never spoken about in the house but he hears it going on in the locality about the financial losses that are accruing the whole time.

Another massive thing that a lot of people are overlooking is the horrid mental health effect of this whole thing. Matters financial lead to matters mental. It is getting to people in our area.

Another point I have to make is around a comment that was recently made on a radio station. A constituent in our area made a comment about the sacrifice of land. I just wonder was this a trial year, or is our land going to be sacrificed? We have to know. We have youngsters coming behind us who would like to farm, and they would like to know if there is an opportunity there, or do we educate them for America or Australia? It is sad actually.

We are very grateful for the fodder scheme.

It is badly needed. There is no doubt about that. Unfortunately, it just falls well short for a good few people. It is very welcome all the same. Personally, I have already spent four times the allocated money I would be hoping to get on trying to recoup what has already been lost, and we still do not have enough. We are still trying to source.

On our cattle situation, as I said, we run a lot of beef cattle along with our dairy. We have taken out any excess stock we have and sold them. Believe me, when we bring out our stock to the marts with the address we have, we are not going to get well-paid because these cattle cannot come home. That is just a brief summary of mine and hundreds of other farmers and neighbours of mine. I thank the Cathaoirleach and members for their time. I am open to any questions anyone has to ask.

I have been speaking to these gentlemen already but I extend a céad míle fáilte to them again. I am delighted to have been able to accommodate them here. I thank the Chairman, in particular, for ensuring we got here today.

I do not think there is any particular point in going into everything. All of us around that region who are politicians know what the witnesses have gone through for years. What they have gone through certainly is not good enough. Yes, the fodder scheme was good, but I have been visiting part of that area on an ongoing basis and what farmers have had to go through this year has been particularly difficult. There is no doubt about that. Most farmers could not cut meadows until the end of the July, and when somebody brought machinery in at that stage, I saw it myself. The water was up on the wheels of the tractor. They just could not cut it.

From my perspective, one of the first things I did when I was elected in 2016 was to get our party to try to do something about the management of the River Shannon. This has dragged on way too long. We all know that. Action needs to be taken in terms of who controls the River Shannon and how it is run. We cannot have this situation, and people have heard this over and over, of the ESB controlling the whole lot and opening and closing gates mainly as it wishes. It will refer to private schemes and pilot schemes. Pilot schemes are no good. We need new and definite legislation. We need a new body to run the management of the Shannon and we need farmers to be represented on that.

Sometimes, with the incessant rain, I accept that farmers are going to have flooding. Nobody is saying they will not have flooding. However, a lot of hardship has been brought on farmers that could have been avoided. I do not have any questions for the witnesses because I know this. I have dealt with them for years. When the Government fell in 2020, I brought the Bill back into the Seanad. Last summer, the Minister of State with responsibility for the Office of Public Works, Deputy O'Donovan, told me he would not be taking this Bill on and that the Government was coming with legislation. I want to see that Bill. I am hoping it will come forward very quickly. I hope that will deal with the issue of the Electricity (Supply) (Amendment) Act 1934. That is the first thing we have to do. That Act has to be amended to unhook the ESB from total control of the River Shannon. When we have that done, straight away we will work on legislation to put one body in place with all the groups represented in order that we can manage the River Shannon.

Quite a lot done was done with Bord na Móna regarding the removal of silt. While some work was done, what was supposed to be done in a pilot scheme was never done. So much silt and debris has built up in the River Shannon. We have to get one thing clear as well. We cannot manage waterways and land unless we have a full drainage programme. Water will always find its level or elsewhere to go. Trying to hold it up or slow it up at times is not the way to go. We need a good system of drainage and a good system of taking the silt and stuff out of the river, which everybody knows has built up for years. That is part of the problem. I will continue to do what I can. I know it is very frustrating for those involved that this has been going on year after year. I hope the Government will bring that legislation forward promptly and we can get the issue dealt with as quickly as possible. I know all the Oireachtas people here want to get this solved and out of the way. All I can do is say that I will continue to do my level best to get some ease brought to this situation. It is totally unacceptable.

I thank the speakers for coming in. In the early days of this Government - I do not even think we had a Government at the time - we were in the throes of a flood in 2020 and it was probably one of the first big issues we dealt with. We were dealing with Covid-19 at the time so all of our engagements then were virtual. It is unfortunate it has not been advanced much since.

With regard to what Mr. Silke said about the inadequacies of the scheme, although the scheme is in place, the briefing we have states there are 230 farmers affected in the Callows. Are there more than that or would that number be accurate?

Mr. Michael Silke

It would be considerably more than 230.

Mr. Michael Silke

It is hard for me to put a figure on it but if we take the 7,000 acres of meadowland and 7,000 acres of grazing land, then it is quite conceivable there are significantly more than 230 farmers. If the Deputy goes up the River Suck, which is affected by the River Shannon as well, or down the Little Brosna river or wherever, he is going to see there are a considerable number of farmers there. All those farmers are affected. There needs to be a little bit of clarity as to whether the farmer with a grazing callow who, as I said, got a month's grazing out of it this year, will get some kind of compensation or whether he or she will not. That is all I am saying. We welcome the package. Thanks be to God we are getting something. It is very little, as Mr. Ryan said, in the context of what we need, but it is good to get something. When you are dying, it is nice to get a drop of water. It is as simple as that.

I suppose it is significant. The Department briefing does not give an actual figure, but Mr. Silke reckons 14,000 ha between meadow and grazing land are affected in the Callows.

Mr. Michael Silke

Absolutely, yes.

How much of that would be in commonage?

Mr. Michael Silke

There is no commonage.

Would some of the Callows further down be in commonage?

Mr. Michael Silke

There is no commonage in the Callows anywhere that I am aware of.

It is all privately owned.

Mr. Michael Silke

It is all privately owned.

Mr. Liam Broderick

Everybody has a strip.

It is all privately owned.

If I do a back of a fag packet calculation on the 7,000 ha of meadow and apply the 25 ha, which is very arbitrary, and not everybody is going to have 25 ha, that would even suggest 466 farms. Therefore, the figure of 230 really is probably well off the figure Mr. Silke has.

Mr. Michael Silke

I would think so, yes.

Mr. John Ryan

I will add something there. From the map of the situation we have now, it is so easy to know who. It is so simple to figure out. It is an absolute no-brainer to see who flooded and who did not. It is on the maps. It is very clear to see.

It is easy to use a satellite, is it not?

Mr. John Ryan

It is surely.

Would Mr. Silke have a fear at the fact that letters are going out next week to the 230 farmers? Would he have a fear this is just concentrated in the epicentre of the flooding and that people on the periphery, who have been traditionally flooded but not to the same extent, are going to be excluded? Would that be a genuine fear of Mr Silke's at this stage?

Mr. Michael Silke

It would be a genuine fear, yes, because we would see this with every farmer whose land is flooded. As I explained, this affects the farmer with grazing land. Most farmers have a bit of both, let us say. They have grazing land and meadow. However, if a farmer was in his callow for one month this year, which is more than what he or she got out of the grazing areas, that farmer should really be entitled to something. It is just the same as the farmer who has lost his or her crop. I am in the same situation, just like Mr. Ryan and Mr. Broderick, as farmers who have lost their crops and grazing. We lost everything. It is not that we are trying to get more money, but there are many farmers with a small amount of meadowland and a small amount of grazing land. We would like to get it clarified. Is the grazing farmer entitled to get something? I do not want to run down the scheme by any means. As I said, we are very thankful and grateful to get it.

I suppose it does need to include everybody. If it is being done, it needs to be right. Otherwise, it will leave a lot of bitterness if people are left out. We will try to get some clarity on that. Mr. Ryan might expand on his point that he felt this was sacrificial or that there is that feeling among farmers. I appreciate it is psychologically very challenging if people are looking out at their land being flooded and then feeling they are being sacrificed. Will Mr. Ryan expand on what he meant by that?

Mr. John Ryan

It was a comment that was made on a local radio station.

It is not something that I made up. It was a comment that was made by a Member of this House that it is something that might be looked at or will have to happen, that there will be land sacrificed for flooding in the future, possibly. I would love clarity on that comment. We would all love to know if that is going to happen but it happened this year. We feel like we were sacrificed.

Is that Member a member of this committee?

Mr. John Ryan

The person is not present, no. I do not want to dwell on the matter.

That is all right.

Mr. Ryan has made it fairly clear who it is and that is fine.

Mr. Liam Broderick

Deputy Flaherty asked about farmers on the periphery and I will point out two particular things that were to happen. There are tributaries that are coming into the Shannon, like the River Suck, particularly, and the Little Brosna beside us. If the flood is in the Shannon then the flood is in those rivers. It is not necessarily going up to the source but it is going up a number of miles on either side. Anybody who has grazing land or part of the callows, and the areas I mentioned are part of the callows land, the Deputy is absolutely right that these farmers are on the periphery and should be included.

The definition of a callow is a strip of land that runs alongside the River Shannon. Would our guests consider that if I have callows on the River Suck then that should be part of the Shannon callows as well?

Mr. Liam Broderick

Yes, and the Brosna.

Am I correct to say that the likelihood is they are probably excluded, based on what has been announced?

Mr. Liam Broderick

These are the questions we are asking about the scheme. I cannot say that it lacks clarity. It has just been announced so we do not know all the details. We, the Save Our Shannon Organisation, were not necessarily involved in the negotiations with Department officials as to how the scheme would be put together. As Mr. Ryan pointed out, it is very simple to work out what land belongs to farmers right down beside the Shannon. There are maps and all sorts of ways of working that out. The committee members, as politicians, are the people who need to ask questions of the Department officials who are going to put together the bones of this particular scheme.

We will and we will follow up on that.

On Bord na Móna, the organisation has clearly set out its views. Bord na Móna has more or less stated every time we have asked them about managing rivers, tributaries and drains going forward that it will do nothing with them so in all likelihood it is going to do nothing about the silt in the River Shannon either. Bord na Móna is going to rewet all of its boglands. Bord na Móna has said it has done its mapping and visualisation so can show that it is not going to cause further flooding. Our guests are living with the experience on an annual and monthly basis; am I correct to say that Bord na Móna should not be left off the hook in the manner in which that is happening, and are basically abandoning many of these drains and tributaries that it created or at least expanded to facilitate the boglands?

Mr. Michael Silke

Yes, that is correct. In the 1950s, 1960s and 1970s, in particular, Bord na Móna allowed an awful lot of peat into the river. Without question, Bord na Móna did, it is there and it can be clearly seen. I live between Banagher and Meelick and there are areas of the River Shannon where islands have accumulated. I caught salmon in those areas when I was a child but there is a lot of bitterness these days because one would not waste one's time going out to fish. Things have changed dramatically. Without question, Bord na Móna has destroyed the Shannon. Bord na Móna projects itself as a great protector of the environment but the damage has been done in the Shannon. The local authorities have also pumped a lot of raw sewage into the Shannon and there is a lot of natural run-off. Let us not miss the fact there is run-off of land as well as roads and everything. That has caused major problems in the Shannon. My organisation has, on several occasions, lodged submissions with various bodies to get the silt islands in the Shannon addressed but nothing has been done.

I have listened to some of the environmental talk about slowing up the water. The problem is that the water has been slowed up by Bord na Móna and by what has gone into the Shannon for the last 60 years, which is why we were flooded. We are going to lose everything that is of value to the ecosystem if we do not tackle this issue. That is how serious this matter is.

Mr. Ryan asked a question and he is right. Are we going to let the young lads farm it in the future? To me, there will simply be nothing for them bar we tackle this issue. It was always a good farming area and let us not mince our words here. The area was farmed in an almost organic fashion if not a fully organic fashion, without getting organic payments. That is what is happening in the Shannon callows. Nobody spreads slurry on the callows or fertilises the area to the extent that we fertilise upland, and there is no spraying. I feel that we are being thrown to the wolves at the minute.

I thank all our guests for coming in and making their presentation. This matter is particularly frustrating for our guests. Flooding, in general, is a vicious circle. Flooding happens, photos are taken and everyone says how awful the flooding is, the flooding goes away but nothing happens and the issue goes around in circles. Obviously in the case of our guests, in the short term there is a need for emergency funding to support farmers but then there is the long term to consider. The good thing about the long-term aspect is that it will not take years, which is the establishment of an agency that manages, is responsible and is accountable for the River Shannon. Such an agency could be established very quickly, it could be done overnight.

The briefing that we have received gives a little bit more detail on the scheme that has been announced. The briefing cites the 230 farmers. From what our guests have said I would guess that the scheme excludes grazing and we must seek clarity on the matter. If that is the case then it is important we ask for those farmers to be included in the scheme and the figure of 230 farmers needs to rise.

The scheme stipulates that the maximum area covered is 15 ha. So a farmer with 15 ha, and farmers have an awful lot more in most cases, will receive a maximum payment of €4,800. Can Mr. Ryan and others tell me how a maximum payment of €4,800 compares with the actual financial loss? I presume that like any scheme there will be a limit but it should not be 15 ha. Can our guests recommend an amount, on average? What does the 15 ha limit need to become?

Mr. John Ryan

I reiterate that we are very grateful for the scheme. Personally, and some people have done the same, I have already spent €20,000 on fodder and feed this year. That is the reality and that is the situation that I am in this year.

What percentage of feed is Mr. Ryan short of for the winter?

Mr. John Ryan

I am down 50% in feed and I have lost 40% of my grazing area.

My question on the 15 ha limit may be impossible to answer. On average, for most farmers in the area, how far off is the 15 ha maximum?

Mr. John Ryan

To be quite honest, it is not a bad package for a lot of farmers. Percentage wise, it is very hard to say. For a percentage of farmers the maximum will not fulfil their needs.

Mr. Ryan is a prime example because €4,800 is very far off €20,000.

Mr. John Ryan

I am just one farmer but yes.

On the wider issue and the need for an agency, our Bill on this was debated in November 2020 and at that time the Minister of State, Deputy O'Donovan, asked for nine months to prepare Government legislation, which was fine but three years have elapsed. In his latest reply to me he said that he awaits legislative options. I definitely think that is something this committee should pursue because, in the first instance, yes, this is emergency funding for farmers but just as important is the long-term solution, which is an agency because we need somebody to be accountable. At the moment the buck is being passed from one to another, which is not good enough so an agency is needed.

We also need maintenance of the Shannon because, like anything, it needs to be maintained and looked after and that is clearly an issue as well. As the witnesses have said, they welcome the scheme, as do I and everyone else here but now is the time to seek tweaks to the scheme. That is why it is so important the witnesses are in here the day after the scheme was announced so that we can go back and say what needs to be changed on it. Does Mr. Broderick want to put anything else on the record as regards the scheme at this point? I acknowledge it was only announced yesterday and he does not have all the information but I want to give him that opportunity.

Lastly, it is important to reference the mental strain of all of this on everyone who has been affected. It is important to acknowledge that because it is extremely difficult for the witnesses and their families. It was heartbreaking to hear the story shared by Mr. Ryan about his son who should not have a care in the world but who is worried about the situation at home. This is like any situation in which families are affected but that puts the onus back on to the committee to do everything it can to make sure the scheme is done right and that we get that agency because it can be put in place very quickly. The legislation is there, it is prepared, let it go to committee, have engagement with stakeholders, tweak it if it needs to be tweaked, but that agency needs to be up and running. We will then see a chink of light as regards the Shannon in the future. Do the witnesses want to add anything else?

Mr. Liam Broderick

If I could I add to that, Deputy Kerrane is talking about this particular scheme and there was an interview last week on Midlands 103 on which it was stated that compensation is not really the way forward. I actually agree with that. The scheme is wonderful and needs to be there in the particular year we are having this year but on an ongoing basis, we have the longest and largest river in Ireland draining a quarter of the country and not one shovelful of muck has been taken out of it in more than 100 years. That just beggars belief in a time when we are facing climate change. We have seen what climate change and all that rain falling has done in Cork, Wicklow, Wexford and various places around the country. It was happening with us three months ago, before all of this happened. I am not saying there is not any point to it, we very much welcome the scheme, but there is a bigger picture that needs to be addressed.

The bigger picture is, what will happen to every river in Ireland during climate change? What will happen to our river? We are seeing the effects of it. We are the people who are having water dumped in on us but that will be happening all over the country. We are looking around at everyone here as members of the agriculture committee but do they have a plan? Are they formulating a plan? Will they take this forward as a committee to help the whole country to come along and be able to decide that we are an agricultural country and that there is an issue to be decided? There is a thing called food security and the question is whether we will be able to supply that food to the rest of the world, where people are not able to supply food. We are a country that can produce food but we will not be able to do that if we are in a situation of climate change that is forcing water. As a matter of fact, Deputy Cahill asked a question in the Dáil a fortnight ago about rivers being drained. Deputy Mattie McGrath asked the same question and I was watching that debate. What I am saying is there has to be a platform and we are looking at the committee members as a group to represent the farmers of Ireland, that is, to represent us, to come up with that plan and to take it forward.

Deputy Ring is not present but over 100 years ago we had the Irish National Land League organised by Michael Davitt and it was looking for the three Fs, namely, free sale, fair rent and fixity of tenure. For a lot of farmers in this country, where do they stand with those three things now? Do they have the opportunity for free sale now? If they are tied into a contract and the amount of people producing broccoli in Ireland is down to six and the supermarkets are telling them this is the price they are going to pay, where is the fair price then? Milk farmers are being asked to decide to take the money that is being offered and to lengthen it out to a year. I am not necessarily au fait with everything but I listen to a lot of farming discussions and programmes and these are the things I am asked about. A lot of things are happening in farming that should be happening but are not. An overall plan has to be put together and to me, the Committee on Agriculture, Food and the Marine is where it should be coming from. Coming back to our situation we are only looking for two Fs. I have to be careful how I hold up my fingers but our two are very simple. We want to be free from floods and second, we want to have freedom to farm. We cannot be free to farm if we are forever getting water and we have a river that is full of muck and nothing is being taken out to help the flow of the river.

I thank the witnesses for coming in. It has been 15 or 20 years since I met Mr. Silke to discuss bogs and designations. Mr. Broderick spoke about this committee and I will give him a few straight truths. There is no point in waffling and saying we are great people. The first thing is that the Shannon has not been drained in 100 years. As for the ground beside it, the Callows, to be honest if nature restoration goes through in its present form in ten or 15 years, you will be doing what Mr. Silke and I were doing 20 years ago in fighting on bogs; you will be fighting to keep your land. Those are the facts and there is no point in waffling. If the nature restoration law that is being voted on goes through in Europe, and all our MEPs are backing it, peaty-type soil, which is in the witnesses' area, will be in trouble. There is no point in saying anything different.

Second, how many Ministers have there been down through the years? I think the former Minister of State, Boxer Moran, was the only one who got diggers into the Shannon and they had to come out of it rapidly because there were going to be injunctions and everything thrown at them because of the habitats directive. Unless the habitats directive and the regulations with it and the simplicity with which it is possible to walk into court and injunct everything are addressed, there is no point in the committee promising the witnesses the sun, moon and stars. We are an agriculture committee but we are not over environmental law. What is happening on the Shannon, the Little Brosna River is blocked with peat, and the rivers of Ireland are blocked. I am able to drive a digger and I know how to do rivers and the rivers of Ireland have not been cleaned. I look at television and people talk about flooding and yes, in low areas we need flood barriers but if there is not a way for water to go, you are in trouble. If there are two feet of muck at the bottom of a river and a lot of water comes the river will be two feet higher. It is common sense. I am actually bringing this up next week in Leaders' Questions. Politicians are on about it now and I have been at it since 2004 or 2005 and Mr. Silke has been at it for long before then and they are talking about doing this and doing that. There is one problem, the habitats directive is stifling the country no matter where you go. We have heard all the promises but in fairness to Ministers, their hands are tied because they will be injuncted. Have a look at Lough Funshinagh in County Roscommon and the height of the water at the moment. There is a pipe that is within 200 m of being done and they cannot put the bucket in the ground. We are caught in ropes due to European legislation unless ministerial orders are made and an agreement is got in Europe. The problem is the definition of emergency in the habitats directive is that it is continuous. They were able to use the jet engines that were put in because we could run out of electricity at any time of the year; that was used under the habitats directive as an emergency. Unfortunately - the witnesses might say fortunately - the water goes down sometimes, so it is not an emergency the next day. That is the definition of this under the European Court of Justice, ECJ, and the lot.

Politicians can promise the sun, moon and stars, but I am being straight-up with the witnesses that unless the habitats directive is addressed and politicians wake up to the nature restoration law, it will affect every person in the west of Ireland, Offaly and many parts of the midlands. People do not realise. Mr. Silke will recall the day when we were told that if we had a hopper, the turf-cutting thing would not affect us. Is that right? Ten years later, helicopters and gardaí were going around the bogs. I am telling people straight-up that this has to be done properly. We welcome the money, though as Mr. Broderick said, money does not solve a problem but actions do. One will not stop all flooding, and let no one say it will be stopped, but one can help in many situations. Some of the witnesses are probably in the scheme with the national parks to make the area a better place or such. Mr. Silke talked about the wildlife disappearing. We welcome the bits that are kept but we do not know what is kept, if we are honest. I do not know all the ins and outs of it because the nitty-gritty and small print are not out there yet.

Do we know if the River Suck or the Little Brosna river is in it? The number of people referred to is about 200. That suggests it would be along the Shannon Callows, going down towards Roosky and along the callows to the lough. Maybe I am wrong and I hope I am. It would be great if the Minister clarified about the Little Brosna and the Suck. When the Shannon is full and going out on someone's land, the Suck is full and going out on someone else's land around Athleague, in Ballinasloe, Ballyforan and everywhere along. While everyone welcomes the money and there is no point in saying we do not welcome it, and it is great that this piece has been kept, we need to make sure it goes to the other people. We have a bigger issue. The Minister can throw money at something. The Government is giving money to it, which we have to commend. We have a more significant problem.

The witnesses are not alone where they are. Look at Midleton, Lough Funshinagh, Kylemore, or right around this country. If you are trying to put an airplane in the air, build a road, bring in a boat or build a house, you are caught up in red tape. Unless that is addressed, we will never get the habitats directive. We have been at this for years. The only thing I can see is that someone might finally cop on that we are getting so much rain, and let no one say that we are not, and that we had better do something because this is not working out. There is a problem in that some people would rather see the witnesses' land flooded and tell them that they are carbon farming and they could put water buffalos on it rather than have cattle or sheep on it. That is it and I will not promise the witnesses anything.

As Mr. Broderick said, I raised this in the Dáil two weeks ago. The Minister's answer was that we will make floodplains.

Mr. John Ryan

That is my point exactly.

He should be de-ministered.

Mr. John Ryan

Let us know it is going to happen.

Mr. John Ryan

For our youngsters' future, let us know that it is going to be done. It was done this year and no one told us.

Mr. Michael Silke

Could I make the point about the habitats directive? I worked on the directive, as Deputy Fitzmaurice has alluded to, from its very inception. I was landed with this ball of you-know-what when I was involved with the IFA. I dealt with it for ten years. It was a tough business to be in. The habitats directive was there to protect the habitats and the wildlife on the habitats. We had one of the finest habitats in Europe on the Shannon Callows but we do not have it today. We killed the corncrake because we flooded them out. I live on the Shannon myself. I have an island in the Shannon and I go to it every day. I remember going up in the boat to herd the cattle. Corncrakes were flying out of the meadowlands because that is where they nest. They do not nest where cattle are grazed. They were flying up and down the Shannon in a totally disoriented manner. Their chicks, in their little nest, were floating beside me in the boat. That is how serious it was. We are talking about the habitats directive today. The wader bird population has been almost decimated in the Shannon Callows because of summer flooding. We will lose all of that if we do not tackle the flooding.

Mr. Silke is right in what he is saying, but the law is an ass at the moment, to be frank about it. All that habitat is being lost but if people try to put a machine or dredger into it, the largest window they will have is 12 weeks. They have to go through paperwork. There is a place called the Four Courts which people love going to. In the European Court of Justice judgments, socioeconomics seem to be gone. It is just straitjacket stuff. Until someone gets to Europe and gets it to cop on, and defines what an emergency is, that is where I think our problem is. Mr. Silke is entirely right in what he is saying. The do-gooders have been responsible for all the different vegetation and bird types being drowned, from what Mr. Silke is saying.

Mr. Michael Silke

Absolutely.

I am a long way from the witnesses' part of the world. I am a Corkman. I acknowledge the Deputies and Senators from all parties and none who have come to bat for the witnesses. Some 230 farmers are involved in payments under this scheme. I take it that, for a majority of them, we are talking about silage ground from their land portfolio, or is it grazing ground and silage ground?

Mr. Michael Silke

That has not been clarified. The scheme is for fodder. It does not say anything about grazing. That is where we are in a muddle. We do not understand if we will be paying for the grazing land as it goes to fodder land. As I explained at the start, there is 7,000 acres of grazing in the Shannon Callows and 7,000 acres of meadows. I would have thought, if one was in the Shannon Callows and one's land was flooding the whole year, which it is, then irrespective of which side one is on, one would get the payment. That has not been clarified.

So this land has not been cut at all.

Mr. Michael Silke

It has not.

What will happen to next year's crop? Will it be rubbish?

Mr. Michael Silke

It will be a ball of you-know-what next year. That is what it will be. It will be that for two years afterwards.

This scheme is to help farmers out this year.

Mr. Michael Silke

That is right.

Next year, they will effectively have complete rubbish. There will be a year and a half by the time they get in there.

Mr. Liam Broderick

And the bulk of it rotting on the bottom and sitting there.

Absolutely. That is the point I was trying to make. Regarding the management of the river, I go back to the night my daughter was born in November 2009. Cork flooded because of the management of the river by the ESB at that stage. A complete town and village was washed away that night. There is an issue with the ESB having a monopoly on the management of the flow of water and how it operates. There has been no movement regarding what the entity will be. In the witnesses' ideal world, where do they see that entity coming in? How much power should that entity have regarding the flow, height and management of water? Should it be done through a new authority, the OPW, or the Department of the Environment, Climate and Communications? Where do the witnesses see this going?

Mr. Michael Silke

It is a difficult question to answer thoroughly in one sentence. Looking at what has happened, the ESB was effectively established as the controller of water on the Shannon in the late 1920s and early 1930s. Legislation was enacted at that time to support it. As I said at the start, 100 ft. of water is held back in Ardnacrusha. There is 100 ft. of a drop-off in the Shannon estuary from Ardnacrusha. It is about ten or 12 miles up from the estuary. The ESB went back up the river, through Lough Derg to Portumna. Between Portumna and me, there is a ten-mile stretch of river. A 10 ft. embankment has been built on the Galway side, right up to the weir in Meelick. Lough Derg effectively goes right up to Meelick weir. That bank was built to protect the farmers on the Galway side. On the Tipperary side, the gradient was already high and it did not have to be done except for one or two farmers. On the Galway side, the land was very low but they are protected now.

The ESB could pump out the water from those farmers. When the ESB did that with regard to the whole backwater, this involved the greatest possible quantity of water for the longest possible period. This was at a time and in an age when we needed electricity. We do not need that electricity today. The ESB is producing only something like less than 2% of our country's needs down at Ardnacrusha so we do not need that and the water is still being held back. Instead of the legislation being weakened, it has been strengthened down the years. If you go back up and move on from where we are, there is a stretch of 27 miles between Meelick Weir and Athlone Weir, from where you go into Lough Ree. The ESB and Waterways Ireland connived in the 1970s to raise the levels in Lough Ree by 0.61 m, which is exactly 2 ft of water. That took 65 million cu. m of water storage out of Lough Ree. That has also contributed immensely to our problem as well as the dirt in the Shannon and everything else. Both the ESB and Waterways Ireland have utilised the Shannon for their own selfish gains.

We are calling for a single authority. To be honest, I do not mind who the authority is as long as it is fair and just because what is there at the minute is not fair and just. We need to put an authority in place where if both the ESB and Waterways Ireland are to remain with power on the Shannon, which I assume they will, they can be mandated at any given time as to when to let water go because they did not let the water go in time this year, which contributed immensely to the serious problems we have.

On the draining of rivers and waterways and how we operate, in Cork in recent weeks we have had horrendous flooding in Midleton, but Bandon and other towns like Clonakilty and Skibbereen were not flooded because of the drainage works which had been carried out there. In Bandon, they lowered the River Bandon by 1.8 m for a 3 km stretch. Even though we had something like 27 inches of rainfall in less than two months, Bandon was the driest town in west Cork. I am a little bit unclear as to how we can do this on some level in the urban centres. We have this policy of leaving agricultural land to become vast flood plains. It raises the question as to what the national strategy is at this stage because it does not work with regard to how we can move it forward. Mr. Silke says the legislation is not there, but still we can do it in those towns. Is it that the will is not there in some locations rather than the legislation? What is Mr. Silke's view with regard to legislation? Is the legislation or the will the issue?

Mr. Michael Silke

It is a combination of both. The legislation that is there is outdated. There is no question about that. It was put in place at a time when the Shannon was in a different situation than it is today. If the Senator rolls back the clock to when the British left here, there was no real flooding on the Shannon. Let us call a spade a spade. There was certainly no summer flooding. Now we have a summer flood almost every year. That tells its own story and the legislation is still the same as when it was enacted for the ESB back in 1929 or 1930, whenever it was. One man said there a while ago that it may have been 1934. We need to look at that legislation in a very thorough manner and to change it. It needs to be changed because the ESB is working to higher minimum levels, lower minimum levels, and if you ask an ESB man which level they are working to, whether it is the higher or the lower minimum level, he will not give you a straight answer, because I have been there and done that.

That is where we are at the minute. This organisation has total control. The ESB can do nothing wrong and can justify everything it is doing because the legislation is protecting it. It is the same with Waterways Ireland. How could Waterways Ireland and the ESB justify raising Lough Ree by 0.61 m? We need to ask serious questions of ourselves in this country with regard to what is going on. We, as farmers, have suffered enough. If I could, I will say to Deputy Fitzmaurice, that if I was a young man again and had no property in my name, I would take many of the obstacles out myself. I would not mind if I was sent to jail because this is causing so much pain, suffering and hardship to decent honourable people. There are only a few bodies which are responsible for this but, at the end of the day, we completely depend on a committee like this one to do something for us because we are in dire straits at the minute.

I thank the Chair and our guests for that.

I welcome all of our guests to our committee and I am delighted to be here to support them all as a Deputy from near Birr, which would not be too far away from Mr. Ryan, whom I have met before. I understand the situation and I have certainly raised this issue a number of times. I have reiterated my calls for legislation for one single agency to be set up to manage the Shannon. It is my understanding there is a draft Bill or that heads of a Bill have been prepared. We have all seen how quickly legislation can be enacted and implemented when there is a will to do so. It is frustrating me greatly that this Bill still has not been enacted.

I take the point that there are too many agencies involved, and as the saying goes, "Too many cooks spoil the broth." They all have their own agenda with regard to the water levels and we have seen that time and again. I have sent emails to many of those agencies when contacted as a representative in that area and I acted immediately. It is very frustrating to see that we still do not have one single body in charge. A number of Ministers, I believe, two or three years ago came and took a cruise down the Shannon but have not done anything. I do not think that is good enough. I say it as it is, black and white.

The witnesses and their organisation have talked to people and understand the issue. Why, then, has there not been follow through? Why are we still waiting two or three years later for heads of a Bill to be published? I would call those Ministers out and I certainly believe we can write to the Ministers and ask them where that Bill is and if we can have it enacted immediately given the unacceptable situation of many farmers in that area of the Shannon Callows.

Would be possible to write to MEPs? The political parties have their own MEPs. Could they do something on the habitats directive? Can they raise it or has this been tried before? I do not know but I believe there has to be some sort of push made here. Something needs to happen.

We could either go there or does this come under the nature conservation law? I do not know.

Through the Chair, to address Deputy Fitzmaurice, I held a briefing here on the nature restoration law and invited the Deputy to it .

Ireland's MEPs voted for the nature restoration law, where that is going to cause flooding.

I believe the pressure needs to be put on because the local and European elections are coming up, as we all know.

Can we make it an issue and can we all put a push on? I do not know but I am just throwing it out there as I believe something needs to be done.

Mr. John Ryan

Did someone say earlier about an emergency flooding situation where things can change?

Mr. John Ryan

What was that?

I will give Mr. Ryan a clear definition. Under the habitats directive, the definition of an emergency is that it has to be ongoing. Sorry for interrupting Deputy Nolan but Mr. Ryan just asked me what that was. The problem is that if there is a flood and the water levels go down, it is not an emergency, whereas if it is-----

Sorry, I was not finished.

My apologies, Deputy Nolan.

I have been sitting here for the past hour.

Senator Tim Lombard took the Chair.

My apologies, Deputy Nolan, also.

My next point is that if Bord na Móna is in receipt of very significant money under just transition, can something be done there? Can we write to this company? I am not a member of this committee but I am a member of the Committee on Education, Further and Higher Education, Research, Innovation and Science and I come to this committee regularly to represent my constituents. I ask also that Bord na Móna be written to, and let that body come forward with something and, perhaps, co-operate in some way with the communities affected. That company is in receipt of very significant money from the just transition fund.

Do we have any idea of figures? I understand the witnesses have welcomed the scheme, as I do. It is a start. It is something which was not there before and could certainly be built upon. Do we have any idea, however, what would be needed with regard to the losses for the average farmer who is affected? Could we have some sort of figures in that regard? Will the witnesses come back to us with what they believe it should be or whether there is a need to increase the maximum number of hectares, which is capped at 15 ha? Will the witnesses come back to the committee with some proposals? I certainly would be more than happy to bring them up and follow through on them.

I am very supportive. I have genuinely raised this issue over and over again and I will continue to do so. I am here to represent the people of Offaly.

Mr. Michael Silke

On the number of hectares that should be eligible, 15 ha might sound like a lot of land but that is probably the average amount farmers have lost. Most farmers, especially full-time ones, will have lost considerably more. If that figure could be raised by even about 25 ha, that would give everyone an opportunity. The payment, rather than being €4,800, would be in the region of €6,800 or €7,000. For a farmer who is losing €30,000 or €40,000, which is what full-time farmers losing in buying fodder and meal this year, they would not have had to it buy it if they had not been flooded. If someone were getting €7,000 or €8,000, that would be much closer to what farmers are losing than is the €4,800 at the moment. The increase in hectares is crucial, as is the allowance to include grazing land as well as meadow land.

In fairness, I do not know whether farmers along the Little Brosna are included, but I know all the farmers along the Little Brosna and they are badly affected. I do not know all the farmers up the River Suck but I know an awful lot of them, and Deputy Fitzmaurice will know them too. A lot of them are badly affected and I would like them to be included. There are also pockets of farmers in counties Leitrim and Longford, and I do not think any differentiation should be made because it has been a disastrous year. I have never seen a Shannon flood in the middle of the summer such as that this year. There was a serious flood on St. Patrick’s Day and it was not gone until nearly June. It was the first week in June before farmers put their cattle on this land. It is laughable if you think about it. If dairy farmers in Cork said they were not going to graze their land until the first week of June, people would ask what they were at, but that was the reality we were in. We do not have a choice. One can say nature is doing this to us, but nature is not doing this to us. Failure by the Government is what is doing it to us.

I thank the witnesses for attending. If I close my eyes and go back to 2004, when Mr. Silke came into the county council office in Galway, the problems that exist now existed then. I might speak a little to the experience I had, when I was Minister of State with responsibility for the Office of Public Works, in trying to get works done on the Shannon. We got machinery in but it was put in only to cut overhanging trees along the edges and it took me about nine months to succeed in getting that done. I recall going to Portumna and looking at the machines going out on the floating pontoons to go out to do it. It was a big dawning. That is all that was ever done on it.

The pinch points on the Shannon are still there and will remain there for ever. Mr. Silke talked about the habitats directive, but there is now also another animal to deal with, namely, the climate action legislation that is in place, which is compounding the issue. We have created something we are not able to handle. If we take what the ESB did by holding back the water, what has been created now is that areas of importance, with muck on the river, cannot be touched such that we cannot get the water to flow. When we talk about the general draining of rivers or whatever, what is being used to drain them is not buckets but prongs, and they can bring out only so much of the weeds. It is wrong that the National Parks and Wildlife Service is standing on the riverbank as the OPW is doing it and it will stop the OPW if it is using the wrong machinery. We have a perfect storm.

Moreover, Waterways Ireland wants to keep the water level high for boating for the summer. The ESB in 2017 was generating 2% of the national input into our grid but it could be less than that now. We have gone beyond the stage where we need a single authority. What we need is one person to tell someone in the ESB to do one job and someone else in Waterways Ireland to do another. They should be left with the jobs they are doing, but there needs to be someone to direct them. We should not be reinventing the wheel but telling people what to do and when, in a way that looks at the Shannon and how it performs and also at how the people around it are affected.

I am not a member of this committee but I came here to offer my support. I tried to put in a single authority and we put together a task force to try to build something into that. We met three or four times and some progress was made, but we never got to a stage where we were going to produce legislation. For me as a Minister of State to meet the ESB, it was like trying to meet the man above, not even the Pope, because the ESB had its own agenda and it had to go through so many channels before I could sit down and ask what the hell was going on. We have created a monster in this country and we have added another animal to its back that is not nice, namely, climate action. It is very difficult to do anything at the moment in this country. MEPs will be debating the land restoration legislation in the European Parliament and so on, and that will happen, but what often happens is that when we transpose legislation from Europe into Irish law, we do it twice as hard on ourselves as we should. We give ourselves no wriggle room to try to protect the habitat we have and the biodiversity we had, which we have lost.

I look at the Gort lowlands, where we are trying to start a scheme to create some flood relief. I initiated it in 2016, but we are coming into 2024 and we are still not at a stage where we can exhibit what we are doing. My friend Senator Lombard was talking about Cork. I put on an exhibition of all the plans for Cork city in 2017, but we will be in 2024 shortly and we have not done anything. Highly educated people have objected and challenged everything along the way, so we end up with nothing and we end up with stagnation. That is what we have in the callows, because we do not really and truly have someone who will take control of it. I challenged the ESB about all the peat it had dumped into the Shannon, and that was received with indignation, whereby they asked me how dare I say that. That happened a long time ago but the peat is in the river and has remained there. I read something about how we could solve flooding in Ireland and it was that we have to let the rivers flow. We have created a mess where not only do we not have the flow but we are encouraging the rivers to be blocked by not cleaning them. In the 1960s, the Corrib drainage scheme did work on a lot of channels around my area and I recall it being done. Unfortunately, we did not do any maintenance on it until about seven years ago. That investment we made has gone to pot because we never managed it. It is a huge problem.

Going back to the fodder scheme and what it should or should not be, that is a different issue. Compensation is good and welcome but a week ago, there was no compensation, and all of a sudden there was a U-turn and now there is. It is half-baked, if even that, and that is my concern. Leaving that aside, compensation will not solve the problem we have. I agree with Deputy Fitzmaurice that we need ministerial action to go to the EU and get derogation to solve a problem we have because it is very specific to us in Ireland, namely, the loss of our biodiversity and habitats as a result of the habitats directive and how we can turn that back.

That is it. That is the way we deal with it. Deputy Nolan was wondering how we should do it. That is what we have to do and, as a committee member, I will support it in any way we can to try to push the Ministers to do that. I refer to the Minister of the Environment, Climate and Communications and the other Ministers who have to do it. It is like the Shannon itself. We need to have somebody who will take charge of this, going to Europe and bringing everybody else with them rather than different people going out and all coming back with different stories. However, we need action and we need it now. This causes mental stress, no more than in Gort in south Galway, in Cork, or in Louth where it is beginning to manifest itself with high risk every winter. The witnesses have it every summer and winter. These things are coming at them and they are wondering when this will change or begin to turn. We are going back to the two "fs", namely, to be free from floods and free to farm. They are very simple things. You may not be free from floods all the time but I refer to instances caused by a decision made by humans, such as water levels not being lowered in time, or what has happened by raising levels in rivers in that we do not have the storage capacity in them, which have not been rectified. These are man-made decisions that are preventing the witnesses from farming so we need to get them out of the way as well. There is a lot of work and I am sorry to say that since 2016 or 2017 when I was Minister of State, I do not think this has moved one inch. Due to the additional climate incidences we have had, it has probably regressed.

I will let the witnesses in after Deputies Healy-Rae and Cowen.

I welcome the witnesses to the committee. We are sorry they have had to come in here because of their plight. It is something with which I can very much empathise. Indeed, when I highlighted other rivers in County Kerry, I always mentioned the fact that the Shannon had not been cleaned out or dredged since it was last done by the English in the 1880s. Likewise in Kerry, we have several rivers that flood. I will give an example of one river, the River Flesk. Going back to 2008 or 2009, it was coming out onto the N22. It flooded the N22 for a day or two and that is the main road that takes people from Tralee through Killarney and on to Cork. It was holding up ambulances which had to go around it and there were delays. Maybe that could be classed as an emergency but the water used to go down and the ambulances could get past again. I took deputation after deputation into the town hall in Killarney when I was a councillor for the Killarney electoral area and we got all kinds of answers that this would only reduce the level of the flood by 10 mm. Finally, they agreed to let us clean the river but all they allowed us to do was to clear the bushes. That was done with the help of the Minister of State, Deputy Kevin Boxer Moran. We brought him down and showed him what was going on. He gave us the funding for a minor flood relief scheme to clear the river and in 2018 we did it. They would not let us clear the silt or the heaps of gravel but we cleared the bushes and a great job was done. That was in 2018. The national primary route has not been flooded since. The floods are not anywhere near as much as on the lands. There were lands that were flooded for days but the levels used to go down again when it stopped raining. That is a perfect example. Not only did it reduce by 10 mm, the water would have to have been reduced by 10 ft. when there was a flood. That is the gospel truth. We have had several days of heavy rain, day after day, even this year and there is no sign of the river coming near the road.

We have several rivers. There is one particular river, the mouth of which is blocked. It is flooding hundreds of acres of land and they are saying we cannot touch that because it is a special area of conservation, SAC. That will never be touched now. It is so ridiculous. People's livelihoods and lands are being devalued just because somebody else mentions climate change and all different reasons. They will throw everything at you and say you cannot do it. One poor man was so bad, he went into the river himself. They threatened to inform the gardaí if he did not put back whatever few loads of gravel he had taken out with the tractor. He left it back in the river again. That is what is going on.

As to climate change, and Deputies Fitzmaurice and Canney said this as well, this is another obstacle. We in Kerry know that we have had flood situations before. There was a house in the national park in 1860 which was completely washed away. It was rebuilt and the flood does not come anywhere near it now. There was a townland in Gneeveguilla back in 1897. There were no combustible engines around at that time but all the bog in Gneeveguilla, known as the place of the moving bog, was washed all the way down into the lakes of Killarney, 12 miles away. One family's house was completely washed away and only one child survived because she had gone to a neighbour's house. That house was washed away and the whole family was wiped out except for one member. These events happened. Now we are told it is all because of climate change and that this is why we are all being flooded, including the people of Midleton. The facts are that the rivers are not being cleaned out. I am glad some people in Midleton and in County Louth were compensated. Hopefully, a precedence has been set so that everyone else who will be flooded will have to be paid too because we are going to have a lot more of it. Unless they raise the roads and lift up the houses, there will be way more flooding.

There is a big problem here and Mr. Silke mentioned it. I am interested in this and I am sorry for the witnesses' plight. Their land is being devalued and they are getting no real satisfaction for it. It is like all the other people and the hen harrier designation or whatever it is, it is like daylight robbery. Some people's houses are raided at night and their money is taken but what is happening here is open daylight robbery. Talking about 25 or 30 acres, do the committee members know what it costs to buy that amount of land now? It costs €700,000 or €800,000 for maybe 35 acres and the production from that is lost all the time. What is going on in our country is absolutely ridiculous. We are talking about the upcoming local and the European elections. I am sure someone will take up this issue and run on it alone. It is only common sense. If you throw marbles into a bottle of water, the water will soon come out over the top. It is only common sense and these rivers will have to be cleaned out.

I mentioned our river, the River Flesk, out of which we cleaned the bushes. There are way more fish in it now because fish need daylight.

Two minutes, Deputy.

I am sorry. I would like the lads to answer. It does not help the fish to keep them in the dark with no sunlight getting to them. I am with the Save Our Shannon Organisation 100%; we understand what is wrong. I heard the witness say towns are in someway being seen to after but farmers are not properly being seen to after. They will get compensation for one year, maybe, even though that is not adequate. They may not get it next year because we do not know who will be in power or what the story will be. It is wrong. I am grateful to get the opportunity to speak. I support the people at the committee this evening.

Apologies I could not be here earlier. I was attending the Committee on Finance, Public Expenditure and Reform, and Taoiseach for Committee Stage of the Finance (No. 2) Bill 2023. I welcome our guests and thank them for making themselves available to the committee to place on the public record the difficulties they have met, again, this year, as they have on many previous occasions. They are seeking for those privileged enough to represent them and others to use the opportunity to ensure that the Government responds more effectively than it has in the past. I last met the good gentlemen when we arranged to meet the Tánaiste in Athlone some weeks ago to present the issue, as my colleagues and I felt necessary, to ensure that the highest level of Government was aware of the plight faced and the immediacy of the problem. This is especially the case for farmers but it is also not lost on communities and businesses in the area because of exceptional flooding. One of the two recommendations we made on that date was to ensure that we use our good offices to put pressure on the Government to bring forward a flood relief fodder scheme. Thankfully, the Cabinet approved one yesterday. Initial comments by the Department in the press release must be expanded upon. We will work closely with the Department of Agriculture, Food and the Marine to ensure that information gets to Save Our Shannon Organisation and that there is the necessary flexibility to meet the demands of those impacted, which was alluded to. From our perspective and from the representations we have had, it was confined to the likes of counties Offaly, Westmeath, Roscommon and east Galway. The witness mentioned issues related to the spin-off from the Brosna and areas of counties Longford and Leitrim, on which we will seek clarification.

The wider issue, of course, is the age-old and defunct entity charged with the responsibility of managing and maintaining the Shannon. As I said when we met last, when you think back to 2011, when the Shannon catchment flood risk assessment and management, CFRAM, study began, it was a five-year process during which there was a vast amount of public consultation, engagement and relevant expertise from State and non-State organisations which made presentations, as did relevant stakeholders, including the witnesses, I am sure. One thing evident and eminent during that period and as it came to a conclusion was the agreement of all parties that participated that they would support and seek to ensure the implementation of whatever recommendations emanated. Included in those recommendations, as was alluded to by Deputy Canney, were flood relief schemes in some towns and villages. We have seen the completion of the one in Athlone and some works in Banagher. Pinch-points were also recognised on which work was recommended to help alleviate the age-old and increasingly catastrophic problem on a regular basis. They have not been implemented. I appreciate what Deputy Canney is saying too. In the area of planning, not only residential but commercial and, in this instance, infrastructural, there is a definite deficit in the existing legislation that has to be addressed. The extensive Planning and Development (Amendment) Bill 2023 is in the offing. We are long enough waiting for it. It is something I have been championing over the past number of years. It is due to come to the House in the coming weeks. That should not be confined to members addressing the deficiencies in residential planning, be they problems associated with An Bord Pleanála, the lack of a statutory time period for decisions to be made by An Bord Pleanála or the extensive overuse and exploitation by many - especially objectors - of the judicial court system. Especially during an emergency, not only in residential development but in infrastructural capacity and infrastructural improvements such as this, a planning system should not curtail the necessary emergency works. That will require much effort and input by all of us with a responsibility in this regard to ensure that the essential amendments are made and that provision is made for emergency works, CFRAM studies and their implementation as a result of the extensive consultation that took place. They should not then be subject to another period of four or five years concerning the manner in which the public can engage in a consultation process. In the meantime, the State has to carry the cost of the flooding that occurs while we wait for that. That cannot go on.

The point I wanted to make, specifically, relates to that scenario and the goodwill the witnesses and the likes of them showed during that study process to adhere to the recommendations and support their implementation. Those who sit on the management and monitoring of the Shannon, such as Waterways Ireland, the Office of Public Works, OPW, the ESB and various local authorities, should also include representatives from Save Our Shannon Organisation so that it is at least part of the so-called decision-making process or the means by which levels are agreed, set or responded to when there certain amounts of rainfall are in place or predicted. Save Our Shannon Organisation has no hand, act or part and many would argue, including me, that Save Our Shannon Organisation has a better appreciation, having lived through it and tried to make a livelihood from the Shannon, as their generations did before them. That asset and intelligence are lost in that process.

During that meeting, I implored the Tánaiste to meet Waterways Ireland and relevant stakeholders from a State responsibility perspective to address that issue, as the State has not lived up to the commitments and expectations of the likes of Save Our Shannon Organisation regarding the CFRAM recommendations. In other words, Save Our Shannon Organisation bought into the concept and agreed to abide by the recommendations on the understanding that the State would implement them, notwithstanding issues concerning planning, which is our problem and their problem. Save Our Shannon Organisation members are still stuck with age-old systems that have not acted on those recommendations and have a responsibility to monitor and manage. Save Our Shannon Organisation needs to be part of that process. I hope, in the coming weeks, to hear the Tánaiste respond to the effort made on Save Our Shannon Organisation's behalf as to the response of the Government to that request. In the absence of responding positively to that, I hope it will find other means and mechanisms to compensate for not having had at its disposal the wherewithal, irrespective of the planning legislation, to implement the CFRAMS recommendations.

Mr. Michael Silke

Going back to Deputy Danny Healy-Rae's comments, he spoke about land being devalued because of flooding. There is no question that is the case. If you multiply the flooding, most of the flooding occurs on designated land. All of the land along the Shannon callows is designated as a special protection area, SPA. It is possibly the highest form of designation you can get. It is designated under the habitats directive. In my opinion, it was the biggest land grab by the State and the European Commission ever seen in our country.

I am talking from a personal perspective although my situation is no different from Mr. Ryan's or anyone else's. We inherited a lot of our land but we also bought a lot of it. However, that land is worth a pittance relative to what I paid for it back in the 1980s. That is because of the habitats directive, the designation and flooding. It would be the final insult if, because of Government policy or Government failure, we were now to be driven off that land because of flooding. That is what is happening. We are going to be driven off it. No young lad is going to farm that land. The environmentalists can have this merry-go-round attitude that farmers are clowns who will stay anyway but the young lads will not stay there. The wildlife has gone. It did not go for no reason but because it could not live with the flooding. The people will go. What the environmentalists do not realise is that the boating people will also go. I have seen it on the Shannon this year. It should be remembered that it was only a summer flood and not a major winter flood. However, it was the most serious summer flood we have ever had. The boating people were not on the river. They could not control the boats because of the flow of water on the river and the flood situation. It was the same with the fishing people. They were not there either. That is where we are headed. We are heading into a wasteland.

I will briefly address Deputy Cowen's question on the CFRAM study. I was involved with that from its inception. I was promised faithfully by the people carrying out the project and by the OPW, which was responsible for it, that it was all-embracing and that every issue relative to flooding along the Shannon would be dealt with. By and large, the towns were dealt with but rural Ireland was not dealt with. Rural Ireland was thrown to the wolves.

Mr. Liam Broderick

I will expand on a point Mr. Silke made. We live on the banks of the Shannon and have been talking a lot about farmers but there are lots of other residents living along the Shannon. I refer to people who are not farmers but also businesses. There are a few people living in Shannonbridge. When the flood rose, the boating companies told people hiring boats that they were not to park in Shannonbridge. As far as we know, they were actually told not to go past Athlone. They were to go south down to Lough Derg because the water that was coming down made it difficult for boats to be parked. People running businesses, including restaurants and pubs, lost out as a result. Mr. Silke also mentioned fishermen. The flooding does not just impact on farmers. It impacts on everybody. It impacts on the people who live out in the countryside, the promotion of tourism and so on. A lot of lands are designated as special protection areas and the habitats directive is supposed to defend and look after the habitats of all those birds and animals that live out there but all we are doing is flooding them. It does not make any sense. It is time for a bit of sense to be seen. That is why I said earlier that the committee must take on board the big picture here. There is a big picture for the country and it needs to be dealt with in lots of different ways.

Deputy Canney mentioned agencies and trying to get little things done. A little agency was put together, the Shannon flood risk State agency co-ordination working group. It meets twice a year and there is not one victim of Shannon flooding on it. Furthermore, we had an emergency in our area and that group did not meet once during that period of time.

Mr. John Ryan

It is worrying to hear that, while those of all parties and none know what needs to be done, nothing will be done. Everyone knows the answers but we are not allowed to dig or to do this or that. When are we going to be allowed? Are we ever going to be?

We are not allowed dredge anything.

Mr. John Ryan

It looks very like it. We do not want to be here or having protests on a bridge in Banagher. We do not want compensation. All we want is fair play and to be able to do what the people who went before us did, which is to farm our land.

I thank the gentlemen for their contributions, which were really informative. There is work here for us to consider at another stage. I remind members of the committee that we have a private meeting tomorrow, Thursday, 9 November, at 1.30 p.m. The next public meeting takes place on Wednesday, 15 November, at 5.30 p.m. On the agenda is an examination of the challenges facing Horse Sport Ireland. We will also look at the control plan for the weighing of fish products.

The joint committee adjourned at 9.46 p.m. until 5.30 p.m. on Wednesday, 15 November 2023.
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