Tánaiste to seek new legal advice on Lough Funshinagh - Naughten

A crisis intensified by climate change

Denis Naughten TD has obtained the agreement of the Tánaiste, Micheal Martin TD, to seek new legal advice from the Attorney General as a result of two new pieces of evidence that significantly change the facts of the Lough Funshinagh case considered by the courts in 2021.

Deputy Naughten made the request following the Tánaiste’s meeting with Cllr. Laurence Fallon and the local community recently, when it was pointed out to him that the circumstances of the case presented before the courts in 2021 have now changed significantly.

This is supported by a new assessment by the Geological Survey of Ireland (GSI) that four homes are likely to be permanently lost to the flood next winter. It is further supported by research published last week by an international team of leading climate scientists, as part of the World Weather Attribution group on the winter of 2023/24. The research states that rainfall associated with storms is becoming 20% more intense and such storms are now more likely due to global warming.

In the Dáil today, Denis Naughten pointed out: “These two pieces of evidence significantly alter the facts of the case considered by the courts in 2021. As a result, a full evaluation of these changes should be urgently reflected upon by the Office of the Attorney General and the environment experts within the relevant Government Departments.”

In response, the Tánaiste accepted that the circumstances have now changed as a result of this new evidence and that while Roscommon County Council must persist with the medium-term solution, he will seek legal advice on a short-term temporary measure to alleviate the threat of flooding of the four homes next winter.

ENDS.

Editors Note:

Watch Denis Naughten here:

Correspondence and evidence issued to the Tánaiste last monday

From: Denis Naughten <denis.naughten@oireachtas.ie>
Sent: Monday, May 27, 2024 9:34 AM

Subject: Lough Funshinagh

Dear Tánaiste,

I am writing to discuss the situation surrounding Lough Funshinagh in County Roscommon. Regrettably, I was unable to meet with you during your recent visit to the communities around the lake last Wednesday.

I would like to draw your attention to a point raised by Cllr. Laurence Fallon during your meeting. The urgency of the case concerning Lough Funshinagh has dramatically increased since it was last considered by the courts, thereby altering the dynamics of the case significantly.

This heightened urgency is based on two independent pieces of evidence:

(i) As the Minister for Communications, Climate Action and Environment, I commissioned the Geological Survey of Ireland (GSI) to conduct an independent study of Lough Funshinagh and its hydrology. The GSI not only completed this study but has also continued to monitor the situation since then.

The water level in Lough Funshinagh reached an unprecedented high this winter, surpassing all previous records set in 2016 and 2021. This alarming trend was predicted by the Geological Survey of Ireland and highlighted in the court proceedings in 2021. But the evidence now available to Roscommon County Council as a result of this monitoring suggests that without intervention, four houses are anticipated to be permanently lost to the lake in the forthcoming winter.

Consequently, as outlined in the email and attachments below from Mr. Greg O’Donnell, Roscommon County Council firmly believes that an immediate and temporary solution is required: implementing a controlled water removal strategy to divert excess water from the lake into an adjacent catchment area. This conclusion is based on the evidence from the GSI data and the flooding experienced last winter, crucial information not previously considered by the court.

(ii) A study published just this week by an international team of leading climate scientists as part of the World Weather Attribution group on the winter of 2023/24 states that rainfall associated with storms is becoming more intense and likely in many parts of the world due to global warming.

Specifically, for the UK and Ireland, intense storm rainfall, similar to that experienced in the 2023-24 season, occurred about once every 50 years in the preindustrial climate. However, in today’s climate, with 1.2°C of warming, similarly intense storm rainfall is expected to occur more often, about once every five years.

The study also found that climate change has increased the amount of rainfall from these storms by about 20%. Wet periods such as the 2023-24 October-March season occurred at most once every 80 years in the cooler, pre-industrial climate. But in today’s climate, they have become at least four times more likely, expected to occur about once every 20 years. The scientists estimate that climate change contributed to increasing the total amount of rainfall by about 15%.

In summary, the study suggests that we are likely to experience more intense storms, leading to quicker rainfall into lakes such as Lough Funshinagh, and an increase in the amount of rain by 15%.

These two pieces of evidence significantly alter the facts of the case considered by the courts in 2021. As a result, I believe a full evaluation of these changes should be reflected upon urgently by the Office of the Attorney General and the environment experts within the relevant Government Departments.

I hope you will consider this request. I intend to raise this matter with you on the floor of Dáil Éireann next Thursday during Questions on Promised Legislation.

Yours sincerely,

Denis Naughten TD

c.c. Minister Kieran O’Donnell

Mr. Greg O’Donnell, Roscommon County Council

Mr. Rossa Fanning, Attorney General

From: Greg O’Donnell GODonnell@roscommoncoco.ie
Sent: Friday, May 24, 2024 6:01 PM
To: Denis Naughten Denis.Naughten@oireachtas.ie
Subject: RE: Update on Lough Funshinagh

Hi Denis,

The statement in the previous Word Doc report (attached for convenience) was based on observed levels confirming that four houses in close proximity of the lake have finished floor levels that are below the current level of the lake. Based on current levels, the slow retreat of flood waters and the likelihood of a moderately wet to wet summer, 2024/25 winter flood levels are expected to be even higher than the record levels observed over the past winter. For this reason, it will be even more difficult to defend these houses through next winter.

GSI reports (2017 update attached) outline the relationship between rainfall and the severity of flood events at the lake. This report also shows the relationship of excessive flood levels and excessive flood volumes in the lake and notes the dwellings in question in figure 3. I’ve also attached a general data sheet from the GSI website that confirms the upward trend of flood levels year on year. There is another GIS report with predictive and probability modelling for the lough, which is outlined in the graph below, with a link to the website. Unfortunately, we are still tracking the extreme 5% curve and hence our concerns for the winter ahead.

Notwithstanding this and since the 02 April 2024 report, Malachy Walsh and Partners have been engaged to undertake a review of all affected properties with a view to enhancing individual property flood defences where it feasible to do so.

I hope this is of some assistance.

Regards,

Greg

Greg O’Donnell | Acting Director of Services

Áras an Chontae, Roscommon, Co. Roscommon. F42 VR98
( (090) 663 7174 * GODonnell@roscommoncoco.ie

www.roscommoncoco.ie