Dáil Éireann Debate, Tuesday - 28 November 2023
65. Deputy Brendan Smith asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the proposals there are to review and amend the Arterial Drainage Act 1945; and if he will make a statement on the matter. [52355/23]
Amharc ar fhreagraState 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 hectares of land. There are approximately 170 of those Drainage Districts remaining in existence. Maintenance of these is the 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 5 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 Land Project 1949 and successor funding initiatives. There are no plans to undertake further large scale arterial drainage schemes.
In terms of beneficial objectives served, the arterial drainage schemes progressed under the 1945 Act, are providing drainage outfall for 242,800 hectares of agricultural lands. Importantly, there has been significant development in these areas since the schemes were completed and the land drainage schemes are now also providing a level of protection from flooding to property, infrastructure and communities, including in excess of 21,000 properties, 2,400 kilometres 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.
The maintenance of OPW Arterial Drainage Schemes has evolved significantly over the past 20 years, driven primarily by environmental legislation such as the EU Birds and Habitats Directives and the Water Framework Directive. Arterial drainage maintenance works are carried out in accordance with relevant legislation, through a range of environmental assessments, supported by widespread stakeholder consultation. The OPW, in partnership with Inland Fisheries Ireland 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. This OPW Environmental Guidance, which is available on the OPW website, is a practical handbook that brings lessons learned from environmental problem solving, enabling ongoing improvements in environmental performance, based on practical environmental control.
The continued requirement for ongoing drainage of such lands is being questioned in light of environmental concerns regarding the impact of such schemes, including by the Citizen Assembly on Biodiversity Loss. This is reflected in the call for a review of the Arterial Drainage Act, which was a recommendation in its ‘Report of the Citizens’ Assembly on Biodiversity Loss’ published in April 2023.
There are many views in relation to the programme of arterial drainage maintenance being undertaken by the OPW. While there are calls to cease arterial drainage to progress a number of cross cutting environmental objectives, there are also calls from others to increase the maintenance activities being carried out in light of flood risks. It is also important to note that Climate Change will increase flood risks.
The Programme for Government is committed to a Land Use Review to ensure that optimal land use options inform all relevant Government decisions. Options to reverse arterial drainage schemes and for ceasing arterial drainage maintenance activities for lands currently benefitting from such maintenance, must be informed by land use policy. The flood risk implications for communities must also be carefully considered. In this regard, the Land-use Review will provide clarity regarding future national drainage requirements having regard to a broad range of policy goals, including agricultural, flood risk mitigation, climate action, biodiversity and water quality. This will inform consideration of any changes to Arterial Drainage practices and any associated legislative changes to be made to the Arterial Drainage Act, having regard to all potential benefits and impacts.
