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Joint Committee on Public Petitions and the Ombudsmen díospóireacht -
Thursday, 18 Apr 2024

Decisions on Public Petitions Received

We will now deal with the consideration of public petitions. I propose that the petitions considered by the committee at this meeting and previous meetings may be published and that the replies from the Departments and other bodies may also be published. Is that agreed? Agreed.

We have four petitions for consideration. The first is petition No. P00024/23, which concerns electric scooter safety, standards and requirements. The petitioner is Mr. Alexander-Marckus Edwards. It relates to electric scooters again. There has been a lot of over and back between the petitioner and the Department of Transport on this petition. From what I can gather from both sides, it is obvious the introduction of e-scooters and powered personal transporters, PPTs, in general, is an ongoing process which I am sure will be further refined over time. This will have to happen with the advancement of technology, user needs and the development of infrastructure. I also note the issue of the leasing of such devices is also likely to be a matter for consideration in the future. I believe the petitioner has a lot to contribute to future legislation and I hope he will keep up regular contact with the Department and continue to engage further with public consultations.

The recommendations are that the response from the Department of Transport be published, the correspondence from the Department of Transport be forwarded to the petitioner for information, and based on the response from the Department of Transport, the petition cannot be progressed further by the Joint Committee on Public Petitions and the Ombudsmen, and the petitioner be advised of same. Do members have any views on this or is that agreed?

That is agreed.

The next item is petition No. P00045/23, entitled "Accept Our Cash", from Mr. Peter O'Donoghue. This relates to the fact some places are going cashless. We got an idea of this 12 months ago when the ATM closures around the country were announced and there was a bit of a backlash because of the worry we were becoming a cashless society. We must remember there are a lot of people who use cash, such as the elderly and people across the spectrum, so we need to be cognisant of that.

The recommendations are that we publish the responses from the Department of Finance and the Central Bank, the correspondence from the Department of Finance be forwarded to the petitioner for comment within 14 days, and the correspondence from the Central Bank of Ireland be forwarded to the petitioner for comment within 14 days. Do members have any views on this or is that agreed?

That is agreed, Chair.

The next item is No. P00020/24, entitled "Make Unlawfully Killing a Pet an Offence Akin to Murder, Not Criminal Damage”, from Ms Emma Armstrong on behalf of Mr. Ethen Armstrong. This is a new petition and a good bit of work has been done by the secretariat on this. As issues of animal welfare and the policing of animal welfare and control are under the actual remit of the Department with responsibility for agriculture, I suggest we engage with it on this also. I understand that while the issuance of justice is not within its remit, dealing with the overall issue of animal welfare and control is within its remit. It would be remiss of the committee not to engage with the Department with responsibility for agriculture as well with regard to this petition. It would also be interesting to see what statistics would be available on the poisoning of animals by substances such as rat poison, the penalties for misusing these substances and whether this is policed effectively.

The recommendation is that the response from the Department of Justice be published and that the correspondence from that Department be forwarded to the petitioner for comment within 14 days. Do members have any views on this or is that agreed?

That is agreed, Chair. There is some work to be done on that petition and on engagement across Departments. We will keep that work alive.

The next petition is No. P00032/24, entitled "Implement Immediate Flood Protection Measures in all East Cork Catchments", from the Midleton and East Cork Flood Protection Group. It states, first, that the petitioner is calling on Cork County Council to urgently implement immediate flood protection measures in all east Cork catchments to safeguard people's lives, homes and businesses, and also to provide much-needed assurance until permanent facilities are built and commissioned. Second, the Government also needs to address the issue of insurance cover for homeowners and businesses in flood-affected areas where they are being refused cover due to flood risk. Third, the cost of restoring homes and businesses is punitive and the Government humanitarian assistance scheme is means-tested and not fit for purpose.

I submitted a number of parliamentary questions on that because it is in my own area in east Cork. I would like to read the reply into the record. The questions were submitted to the Minister for Public Expenditure, National Development Plan Delivery and Reform. The reply states:

I am aware of and saw at first hand the devastation caused by flooding from Storm Babet to the communities of East Cork and the significant impact on people, families, businesses and communities.

The Catchment Flood Risk Assessment and Management (CFRAM) Programme - Ireland’s largest study of flood risk, was completed by the Office of Public Works in 2018. This studied the flood risk for two-thirds of the population against their risk of flooding from rivers and the sea. An output of the CFRAM Programme, the Government’s Flood Risk Management Plans provide the evidence for a proactive approach for designing and constructing flood relief schemes for the most at-risk communities. The delivery of these Plans is supported by €1.3 billion through the National Development Plan to 2030. To date, 55 schemes have been completed, which are providing protection to over 13,000 properties and an economic benefit to the State in damages and losses avoided estimated to be in the region of €2 billion.

The Catchment Flood Risk Assessment and Management Programme provided the Government with the evidence necessary to launch a national programme of 150 additional flood relief schemes in 2018. While Midleton was a part of the CFRAM programme, major flooding in December 2015 and again in January 2016, were the catalysts to commence work on the design of a flood relief scheme for Midleton before the conclusion of the CFRAM programme.

Cork County Council is leading the delivery of the scheme and in 2017 appointed engineering and environmental consultants. Designing any flood relief scheme is complex and requires data on the flood sources and their associated risks. Midleton has proven to be one of the most complex schemes. It has flood risks from four sources, fluvial, tidal, groundwater and pluvial. In 2017, data did not exist on all these sources and monitoring was required over a number of years to allow the flooding mechanism to be properly understood.

The data gathering and changing regulatory requirements, including environmental assessments, further increased the scale and scope of the project. Throughout this period, three separate Public Participation Days were held in 2017, 2020 and 2022. These served to gather useful information and assess the community’s views on the emerging and preferred option for the Flood Relief Scheme. This outcome also increased the scope of the analysis and assessments required.

The preferred scheme has now been identified with an estimated budget of €50m, three times the estimated budget in 2017. This highlights the scale of the project’s increase in scope. It also highlights that we have designed a scheme that is robust, supported by strong evidence that has the support of the local community, and is future proofed being adaptable to climate change scenarios. The preferred option protects 580 properties and can give back flood insurance to the town, as well as standing up to scrutiny or challenge.

Following Storm Babet, an assessment of the proposed scheme is now underway, so we can be confident that we have designed a scheme that can meet the standard of protection required by the insurance industry. The next major step is to seek planning consent and work is ongoing on the development of the planning design for the scheme.

Identification and implementation of interim flood defence measures for Midelton has also been progressed, which include the following:

• the removal of trees in channel at Moore’s Bridge

• installation of water level gauges at Tir Cluain Bridge, Lidl Bridge and the pedestrian bridge in People’s Park

• jetting the town's drainage system

• continuing to engage with landowners in relation to the removal of restricted bridges on the Owenacurra River

• removing of debris from the river is being assessed by the engineering consultants for this scheme. Subject to derogation from the Department of Environment, Climate and Communications these instream works will be undertaken ahead of the seasonal window in July

• revising the Emergency Response Plan for Midleton

• procuring a consultant to design the Carrigogna Bridge Watermain diversion

• The OPW Hydrometric section will install two new hydrometric gauges on the Owenacurra River and on the Dungourney River. These gauges are expected to be installed in Q2 2024

I think those gauges are there already. The reply continues:

• Plans for the provision of Individual Property Protection to properties in Midleton are being developed, and will be subject to funding approval from the Office of Public Works.

An assessment of additional works, which could be delivered in advance of the main scheme is ongoing. Detailed hydraulic assessment of such measures is required, as is compliance with the relevant statutory and regulatory frameworks.

In relation to flood relief schemes and interim measures for other communities in East Cork, it is not possible to progress all 150 flood relief schemes identified by the Flood Risk Management Plans simultaneously. This is due to the limited availability of the professional and specialised engineering skills required to design and construct flood relief schemes. This prioritised approach to delivering flood relief schemes means that work is complete, or underway to protect some 80% of all at-risk properties nationally.

The proposed Flood Relief Scheme for Castlemartyr, Youghal and Rathcormac are not in the first phase of projects being progressed as part of the national programme.

The OPW is working closely with Local Authorities, and at all times strives to expedite and progress capital flood relief works with the minimum of delay. It is open to Cork County Council to make an application under the OPW’s Minor Flood Mitigation Works and Coastal Protection Scheme, to undertake minor flood mitigation works to address localised fluvial flooding in advance of the proposed Flood Relief Scheme for these communities and other communities to address localised flood risk.

The purpose of the scheme is to provide funding to Local Authorities to undertake minor flood mitigation works to address localised fluvial flooding and coastal protection problems within their administrative areas. The scheme generally applies where a solution can be readily identified and achieved in a short time frame. The works may be up to a value of €750,000 with 90% funded by the OPW and are carried out under Local Authority powers and ongoing maintenance of the completed works is the responsibility of the Local Authority. The OPW welcome applications under this scheme and is always willing to engage with Local Authorities in this regard.

Since 2009, the OPW has approved €64m across some 880 unique local flood relief projects that protect some 7,900 properties through the Minor Flood Mitigation Works and Coastal Protection Scheme.

I will skip the next sentence of the reply because it is not relevant. The reply continues:

The OPW is working closely with Cork County Council to expedite the delivery of flood relief schemes in County Cork with the minimum of delay and currently provide funding for five full-time engineering staff in Cork County Council. This includes two engineers dedicated to the Midleton interim works and Flood Relief Scheme. The OPW are currently in discussions with Cork County Council to fund additional engineering and administrative staff for the purpose of delivering flood relief schemes across the County and expect to conclude these discussions shortly.

I understand Cork County Council is reviewing its emergency response plans, to reflect the experiences of flooding in late 2023.

The following interim works are underway or under consideration by Cork County Council for the following towns and villages located in East Cork:

Castlemartyr

In July 2018, Cork County Council submitted an application under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme for river cleaning works upstream and downstream of Castlemartyr Bridge. This application did not meet the criteria for the scheme. Following the recent devastating flooding caused by Storm Babet, Cork County Council confirmed that it would review its original application and has recently submitted an updated application to the OPW for Castlemartyr. This application is being considered by the OPW and is under discussion with Cork County Council, especially in relation to the linkages of any proposed minor works with the flood relief scheme for the town.

With regard to Whitegate village, the reply states, "The OPW understands that Cork County Council have undertaken a post flood event report in Whitegate Village and have identified the need for further assessment."

The reply addresses Mogeely, stating:

The OPW have been advised that Cork County Council is currently preparing an application to the scheme for interim flood risk mitigation works at Gleann Fia and at other locations in Mogeely. I understand that Cork County Council are considering all possible solutions to mitigate against flooding in that area.

I know it is a bit long but many areas in east Cork were flooded. As people listening can hear from the reply, much work is done on this.

I know there is urgency in east Cork. There are other issues as well. I thank the committee for all its engagement on this. There is an awful lot of work involved. I say to people out there that this committee has not forgotten about the flooding in east Cork. We are trying to do everything we can. I know there is urgency there at the moment and there are other underlying issues. There are some amazing people in the whole of east Cork who have been affected by this flooding and I am in constant contact with them. Some people have gone out and made suggestions to the municipal councils and the county council. I know of an individual in the Mogeely housing estate who has approached farmers to do their own mitigation and flood prevention works. I know it is very easy for us here in the committee but these people are not being forgotten about. I know there is an awful sense of urgency. We have been hit more than five times with this. However, we need to get it right. Whatever we can do as a committee, even by keeping in touch with the municipals and Cork County Council, we will do it. At least we are moving in the right direction. I met the newly appointed Minister of State, Deputy Kieran O’Donnell, last Tuesday and had a brief discussion with him. I said to him that I was looking forward to working with him. I spoke to him at Moore's Bridge in Midleton two or three days after the floods. I will not be letting it go and I will keep the committee informed.

I thank Deputy Buckley.

An issue was raised by the petitioner regarding insurance and it has not been addressed by the OPW. I suggest we contact the Department of Finance again. We have seen it with thatched cottages so far in this committee. There is a lot left to be desired when it comes to insurance. There are sectors in the country that have been affected, such as thatched cottages and properties hit by flooding. The petitioner in this case has been refused insurance. It is a major worry to families who cannot get insurance that they do not know when a fire or a flood might come to their door and they might be wiped out by it. I suggest we contact the Department of Finance again on this issue.

Reference was made in that statement to people hoping, when the flood relief is done, that they will be able to get insurance again. I put on record that there are businesses that were previously affected before by flooding and could not get insurance. Others could get a quote but could not afford it. Many of those businesses were never looked after in Midleton and the surrounding areas. They did not get any of the humanitarian aid, flood aid or any other assistance. I reached out to Ministers on this for individual cases - they know who I am talking about. People were told it was unfortunate but they could not get any because they did not have insurance the last time. It always seems to be around technicalities. Some got sorted and others were left in the dark and will not be compensated in any way. I put that on record. I was disappointed about it.

We will ask the Department to make a statement on it and if it does not do so, we will get it in before the committee as before, along with the Minister of State if needs be. As I said, the way thatched cottages were dealt with leaves a lot to be desired. The Department should not be allowed to drag its heels-----

To pick and choose.

-----on issues like this as well. The committee recommendations outside that are: to publish the responses from Cork County Council and the Office of Public Works; that the correspondence from Cork County Council be forwarded to the petitioner for comment within 14 days; that the correspondence from the Office of Public Works be forwarded to the petitioner for comment within 14 days; and, when issuing the above correspondence to the petitioner, to ensure it is made clear that there is an awful lot of work going on but it can take time sometimes to implement. Deputy Buckley also touched on this. Is that agreed? Agreed.

Before we finish, regarding the petition on electric scooters, I should have said that this petition is now deemed closed. Is that agreed? Agreed.

That concludes our considerations of public petitions this afternoon. I invite members of the public to submit petitions via our online portal, which is available at petitions.oireachtas.ie. A petition may be addressed to the Houses of the Oireachtas on a matter of general public concern or interest, or an issue of public policy. Do members wish to raise any other business?

As always, I want to thank the team here for all the work they do. The work that goes on behind the scenes is absolutely phenomenal. God bless their patience.

I want to be associated with those remarks to make the public aware of the work that goes on behind the scenes here by Martha Dowling, Barbara Hughes, Ciaran McConway and Alex Alino. The members and the public only see a very small part of it when the committee meets in public session but the amount of work the lads do is much appreciated by the committee.

The joint committee adjourned at 3.25 p.m. until 1.30 p.m. on Thursday, 25 April 2024.
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