Judge reminds OPW of its duty of care following Bandon River relief case

Judge Mary Dorgan said the OPW has a 'duty of care' the the public. Picture: Denis Minihane

A judge has criticised the Office of Public Works over flood relief works on the Bandon River, claiming the State body "owes a duty of care" to the Irish people and that it could not just be a case of "getting a chunk of money from the Government".

Judge Mary Dorgan made her comments after convicting the main company working on the Bandon flood protection scheme in relation to a fish kill in the Bandon River shortly after the works commenced in May 2017.

Wills Bros Ltd was the main contractor on site, hired by the OPW, and had denied the charge under the Fisheries (Consolidation) Act 1959 as amended, of injuring or disturbing the spawn or fry of salmon, trout or eels.

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Judge Dorgan said the project was "a huge job of work" and that it was incumbent on the OPW to remember that it was acting on behalf of the people of Ireland — present and future generations — and to protect nature and fully inform the public about the full extent of such works and their longer-term impact.

She remarked that it took her "a long time" to find reference in documents about the project, to the scale of the changes to the river caused by the works, not least that it would fundamentally alter its appearance and cause "irreparable damage" and alter the river for 40 years.

Instead, she characterised it as: "We have the money, we do the work, we dig up the river, we put a road down the middle of it, and it will all be grand." 

She said the people of Bandon needed to be fully appraised of the changes, especially how it will be "irreparably altered" for 40 years.

"The OPW owe a duty of care," she said, adding there was "no indication" that comments from members of the public had been taken on board at consultation stage.

"I hope this might be a lesson to the OPW when there are other works that they are very honest and transparent," she said. 

And maybe they need to do a mock up of the river with a road going down the middle of it because that is not clear from the documentation.

"I really hope the OPW might consider what they heard and what happened here," she said, adding that it was "not just a case of getting a chunk of money from the Government" and getting on with it.

The prosecution had been brought by Inland Fisheries Ireland in relation to the incident on May 10, 2017. Fish became stranded in a pool formed by the construction of a temporary haul road, which then rapidly dewatered.

Penalty against Wills Bros Ltd will be finalised on September 30 next, as will the issue of costs, with Judge Dorgan asking the Probation Service to look at a possible restorative solution. A single charge against Byrne Looby Ltd and Rivus Ltd was dismissed.