THE MINISTER FOR Infrastructure has said that a “paralysis” arising from a “culture of judicial reviews” has impacted the progression of some flood relief schemes.

Minister Jack Chambers this morning said that the “risk of judicial reviews is a major issue” and that there has to be a “rebalance of rights”.

Speaking on RTÉ’s Today with David McCullagh, Chambers said that flood relief schemes are “complex environmental and engineering projects, which take time in terms of the design phase”.

However, he added that “there needs to be greater public acceptance of infrastructure more generally and people need to think twice”.

“Certain resident associations brought judicial review proceedings against flood relief schemes in communities that have been flooded in recent days,” said Chambers.

“I think the people need to think twice about engaging in litigation when there is the level of risk in a particular local area.”

Chambers added that the government is bringing about reforms in this area and added that he has sought to prioritise flood relief schemes through the national development plan.

“Only three or four years ago, there was about €50 million being spent per year on flood relief schemes,” said Chambers.

“That’s going to be €120 million this year and growing in future years.”

He remarked that “climate change is here” and that there needs to be “greater climate resilience in our infrastructure, including flood relief schemes”.

When asked about flooding in Enniscorthy in Co Wexford, Chambers said he “accepts their frustration”.

A flood relief scheme for Enniscorthy has been in the works for over 25 years but has faced many setbacks.

“When you stand back, that particular scheme, one consideration was the pearl muscle at the time,” said Chambers.

“Essentially, it didn’t meet the environmental threshold for that, which I think many people would be shocked at.

“For me, there has to be a better balance around broader considerations in terms of public safety.”

Chambers added that “the bar can be extraordinarily difficult to advance a certain scheme through the planning and development process”.

“We were keen on driving reform in this area,” said Chambers, “and that’s why the wider reforms across infrastructure delivery will have an impact, so we have better balance of rights in terms of the overall consideration.”

When asked if people who object to flood relief schemes should receive compensation if they are flooded, Chambers replied that “when it comes to people’s right to getting immediate support, it’s not fair to connect the two”.

“The State is there to support people when an issue emerges,” said Chambers.

“In fairness, most people in these communities didn’t and don’t object to these issues, it’s a small minority using very technical and procedural issues to block infrastructure.

“They have a right to do that but I think the balance of rights isn’t there in the Irish system right now.

“Judicial reviews are bringing huge elements of risk aversion across the decision-making process, where every element of a particular piece of infrastructure now is showing deference to the risk of judicial review.

“We need to rebalance rights.”

National Flood Forecasting Warning Service

Meanwhile, Chambers was asked about an underspend in recent years at the National Flood Forecasting Warning Service.

At a Public Accounts Committee meeting yesterday, it was confirmed that close to €14 million of an allocation for the service was not spent between 2020 and 2024.

“At a time when so many communities have either experienced flooding or are worried about the risk of flooding, it is scandalous to learn that millions of euro for a National Flood Forecasting Warning Service has been handed back to the exchequer over recent years,” said Sinn Féin’s John Brady.

“While the government has been quick to point the finger of blame in recent days, this underspend and lack of investment in effective forecasting and warning systems exposes the government’s failures on this issue.”

The National Flood Forecasting Warning Service was established in 2016 to provide warnings for river and coastal flooding.

Brady said the government needs to “clearly explain why they failed to deliver such critical flood risk management infrastructure, even though funding had been allocated”.

Speaking to RTÉ, Chambers said “the extent of the allocation that was sought wasn’t what was budgeted for”.

“With some capital projects, the drawdown can vary in any given year,” said Chambers.

He added that the “expected budgetary drawdown of that didn’t match what was delivered during that period, and that’s why there wasn’t the level of expected spend”.

“But there is work ongoing between Met Éireann and the Department of Housing on delivering that particular piece, which is critical at a localised level that we have that hydraulic information connected to warning systems and government.”