1. Water Governance - Fit for Purpose? Dara Lynott Deputy Director General Environmental Protection Agency
2. CARLBERG DON’T DO SCIENCE PROJECTS, BUT IF WE DID IT WOULD PROBABLY BE THE BEST SCIENCE PROJECT IN THE WORLD Water framework Science Project Directive
6. Chief Suspects in the West Suspect A - municipal wastewater treatment Wanted for putting 70 rivers at risk Suspect B – Agricultural diffuse pollution Wanted For putting 91 rivers and14 lakes at risk
7. Under Suspicion Unsewered properties: For putting 13 rivers at risk Forestry: For putting 51 river at risk
8. VERDICT? Achieve good status for 74%, of rivers by 2015 Achieve 100% compliance over the two planning cycles to 2027.
13. agencies deal with each other andframework legislation is driving regulators and policy-makers to look outside their sphere of authority and influence. Requires government departments local authorities public authorities to reassess how they deal with each other
14. Code of Practice for the Governance of State Bodies May 2009 In undertaking their public service role, State bodies face a wide range of strategic, operational and financial risks, from both internal and external factors, which may prevent them from achieving their objectives. Risk management is a planned and systematic approach to identifying, evaluating and responding to these risks and providing assurances that responses are effective.
17. Prioritised based on risk WRBMP €82.8 million at construction €203.2 million due to start €26.7 million water Conserv. €34.7 million water Conserv. due to start
22. agencies deal with each other andBut…. When everyone is responsible then no-one is responsible
23. S.I. No. 122 of 2010 EUROPEAN COMMUNITIES (ASSESSMENT AND MANAGEMENT OF FLOOD RISKS) REGULATIONS 2010. The Commissioners may, following consultation with such (if any) bodies or other persons as the Commissioners consider appropriate, issue guidance and general policy advice in relation to the implementation of these Regulations and, subject to subsection (6), the relevant public authorities shall have regard to any such guidance and advice. (6) Subsection (5) shall not be construed as enabling the Commissioners to exercise any power or control in relation to the performance in particular circumstances by a public authority of its statutory functions.
25. Water Governance fit for purpose Inter Agency/intra Agency Integration supported by legislation Regional enforcement plans Regional regulatory forum Regional planning supported by RBMP environmental data
30. Water Governance fit for purpose Resources and Personnel Register of water infrastructure staff, competency and requirements 3 Tier Laboratory Network with National monitoring forum Data flows structures aligned to meet EU requirements – CMOD review
33. Water Governance fit for purpose Legal and regulatory A Water Protection Act prepare groundwork for consolidated legislation Derogations supported by integrated research effort
34. One Department or office within the public service is unlikely to ever be in a position to control all the necessary levers to ensure effective policy development and effective customer-centric implementation of an agreed policy. Using a Network approach; however, focuses on and encourages both formal and informal contacts across the public service, building on traditional Irish ways of problem solving. Networks of relevant departments, external agencies, relevant local authorities, etc. would use their pooled knowledge of on-the-ground issues, to identify and anticipate policy issues and come together to develop a consensus position, strategy and tactics to address the problem and an implementation and resourcing plan to achieve agreed-upon outcomes.1 1 – OECD Public management review – Ireland – Towards an integrated public service (P246)– OECD 2008
35. Factors that influence collaboration Scarcity of resources Need to reducetransaction costs Increase efficiencyof service provision Desire to improvequality of services
36. Western Waters that continues to inspire Where the wandering water gushesFrom the hills above Glen-Car, In pools among the rushesThat scarce could bathe a star, We seek for slumbering troutAnd whispering in their earsGive them unquiet dreams; Leaning softly outFrom ferns that drop their tearsOver the young streams. Come away, O human child! To the waters and the wildWith a faery hand in hand, For the world's more full of weeping than you can understand W.B. Yeats - The Stolen Child 1886
Editor's Notes
Ireland has successfully embarked upon one of the most comprehensive and well resourced science projects of our time
According to the final Western river basin management plan (2009-2015) we have systematically walked, monitored sampled, analysed, assessed, delineated, mapped, characterised and classified 963 river water bodies
In addition to 105 groundwater bodies
Pollution sources were identified, investigated and assessedInvestment has been prioritisedMeasures have been developed then updated And what have we found?
Case ClosedThe judge says that 74% of rivers must achieve good status by 2015 rising to 100% over the next two planning cycles to 2027
This leaves us with implementation which the Western RBD remains to be coordinated
Galway County Council have acted as the coordinating Local Authority through a management group made up of public authorities at District LevelThe Department have a coordinating role in relation to investment in infrastructure and resources at Local Authority levelThe EPA is the competent authority for reporting to Europe, assigning status, monitoring programmes and review of the palns.Individual Government Departments have responsibility for implementing policy in their respective areas.
But how is this to hang together when there are so many Agencies, authoroties and Departments who are indivdually responsible in their own areas but collectively are not?When everyone is responsible noone is responsible
There is no mechanism to get all partners around the table to set out the Governance issues and pull together and agree structures for water Governance structures in Ireland.
The Department of Finance has recently published an updated code of Practice for the Governance of state bodies here’s what is says about Governance.
The IPA do a lot of work in the area of Governance and in particular risk assessment and management. When they assess public authorities the top four risks they see are:Budgetary/ Financial resources – reflecting the real challenge to meet both pay and non-pay obligations in the delivery of an appropriate standard of service across all areas Resources/ Personnel - Relating to the availability of appropriately qualified staff with the necessary knowledge and skills in the context of retirement and loss of staff and also the overall embargo on postsLegal and regulatory – reflecting concerns in relation to non compliance with statutes and regulations Inter- Agency and Intra-agency - relating to dependence on and involvement of external bodies, DEHLG, other central Departments and agencies of the state, adjoining local authorities
If we examine these Governance issues in the Context of water Governance in Ireland and start with Budgetary and financial risks, Budgetary/ Financial resources – reflecting the real challenge to meet both pay and non-pay obligations in the delivery of an appropriate standard of service across all areas
We still have block grants and small works grants been apportioned on a local authority level there will be an annual review of the WSIP and a value for money review the outcome of these reviews should put the emphasis on a river basin priotity to achieve the good stratus targets.
Inter- Agency and Intra-agency - relating to dependence on and involvement of external bodies, DEHLG, other central Departments and agencies of the state, adjoining local authorities and also the interdependencies between various sections of the agency etc
There is no mechanism to get all partners around the table to set out the Governance issues and pull together and agree structures for water Governance structures in Ireland.
Recent legislation provides an example of the difficulties on the one hand this legislation sets out in great detail all the work associated with flood assessment and management but on the other hand there is no compunction on any public authority to be directed
consider establishing dedicated river basin agencies to implement the Water Framework Directive;
Resources/ Personnel - Relating to the availability of appropriately qualified staff with the necessary knowledge and skills in the context of retirement and loss of staff and also the overall embargo on posts
As waste water treatment plants are upgraded to meet the requirements of European Directives, so too will the qualifications and experience of operators need to increase in order to effectively manage facilities of greater size and sophistication. A register of water infrastructure operatives and their competency to operate such plants should be developed by the Water Services National Training Group (WSNTG) with a view to producing and delivering a training and coaching plan.
Given the increased demands for sampling, analysis and monitoring there is not sufficient capacity nationally to carry out this work and therefore there is a need to move to national sufficiency in this area by creating a national structure that comprises three tiers, as follows:Tier 1: analyses that are best carried out at the national level, to include central services and dangerous substances analysis for WFD Tier 2: analyses that are best carried out at regional level Tier 3: analyses that are best carried out at local level This Network can be supported by a National Monitoring Forum, made up of all public sector staff involved in environmental monitoring, to encourage the development and rationalisation of the system as discussed above. The current network of the intercalibrationprogramme could be the starting point for this, but wider aspects of quality assurance and of data exchange could be taken on board also.
The current arrangements should be reviewed with a view to putting in place a structured approach and assigning clear responsibilities for the various tasks. A review of this structure should be undertaken by the DEHLG, EPA, County and City Managers Association (CCMA), Marine Institute, IFI and involving the Local Government Computer Services Board (LGCSB) and possibly the Dept. of Finance’s Centre for Management & Organisation Development (CMOD).
Legal and regulatory – reflecting concerns in relation to non compliance with statutes and regulations across all areas of activity as well as obligations in areas of health, safety and welfare, employment law, procurement, audit, FOI etc
OECD rECOMMENDATIONfurther consolidate water-related legislation into a coherent framework; OECD, 2008, Ireland: Towards an Integrated Public Service, Paris.
in the context of the ongoing review of local governance, examine the environmental responsibilities of different administrative levels to identify opportunities for better co-ordination, economies of scale and improved policy development and implementation, e.g. as regards provision of water services and establishment of waste management infrastructure; OECD, 2008, Ireland: Towards an Integrated Public Service, Paris.
Without a stable regional management structure to implement the required programme of measures and deliver the must-needed infrastructure, the outcomes will continue to depend on each Local Authority to do the best they can within the resources available to them. These resources will be dependent on the financial health of the individual local authorities and will run the risk of duplication of resources in the areas of inspection, analysis, reporting, and infrastructure
In conclusion I think in a very technical discussion it is easy to loose sight of our Objective and that is to again have water that inspires 150 years after the birth in 1865 of this young man who spent his childhood in Sligo.