Friends of the Irish Environment (FoIE), claimed that the ongoing misery of people who are fighting floods at the edge of Lough Funshinagh, Co Roscommon, is a fabrication.
The environmental charity took two High CourtThere are challenges to your efforts Roscommon County councilThe claim to install a drain pipe at the lake in an emergency flood-relief plan was rejected as unfair and unjust.
The council attempted to drain floodwater from the lake using emergency provisions in the Local Authorities (Works) Act 1949. FoIE successfully challenged the High Court’s decision, citing the European Union habitats Directive as well as other environmental protections for the lake.
FoIE successfully challenged the second attempt by the council in August, citing emergency provisions in Planning and Development Act.
Emotionally invested
Patrick ODonovan was the Minister for State at The Office of Public Works (OPW). He stated that he was emotionally involved on the side of county council members and that he saw the conflict primarily as a struggle between Irish law and EU law.
He stated that Lough Funshinagh should be considered a watershed, and he would confront the Government to try to change legislation to stop Irish communities from becoming environmental refugees. FoIE was responsible for the dire situation facing homeowners near the lough.
FoIE claimed that the council knew of or should have known this. Clare County CouncilA similar issue was addressed by the Clare County Council in 2018 regarding a non draining turlough at Ballyvelaghan. This turlough had the same environmental designation that Lough Funshinagh. According to the organisation, Clare County Council conducted an environmental-impact assessment. They applied for a permit. An Bord Pleanlafor flood-relief actions, which was the proper procedure.
Eoin BradyFoIE’s solicitor, John ODonovan, stated that the main question is why Lough Funshinagh was not implemented according to proper procedures. He stated that the council, with the support of the OPW, and Mr ODonovan had essentially created a challenge to habitats directives and the protection provided by SAC, Natura, and Natura designations.
Brady stated that such an example could have been used by other local authorities to bypass EU and State environmental protections. He stated that environmental laws don’t prohibit actions that harm elements of the environment. They just require that economic or social benefits be weighed against the damage and that a balancing exercise is undertaken.
Environmental assessment
The chief executive of Roscommon County Council, however, addressed the elected members on March 28th. Eugene CumminsAccording to, the completion of a complete environmental assessment could take up to three years. An Bord Pleanla approval would be unlikely.
He said that the risk of failure was so high that he didn’t want to do it. The Irish Times asked the council for clarification, but no response was received.
In his address to council members Mr CumminsFoIE had caused huge costs and destroyed all hope for those who might lose their homes to future flooding, according to him. He spoke of people living in the UkraineRussian invaders caused the loss of their homes. The FoIE suggested that they might have a friend in RussiaAlso, who doesn’t understand what conscience means?
FoIE director Tony LowesHe expressed dismay at the references to Ukraine. He said that blaming the group for the predicament in which householders were was absurd, given the law that provided for other solutions.
He stated that during the court cases, members of FoIE had been intimidated and subject to a slew hateful social media posts. One case was reported by Mr Lowes, who reported on a call to An Garda SochnaIn which he stated that he was warned that he and the organization could be subject to recriminations by paramilitaries, especially the Continuity IRA.
It is sad that prominent people from State agencies that should be protecting our environment did not call for this intimidation and instead heaped criticism on us, Mr Lowes stated.
