THE Executive Office has been accused of 'bungling' the transfer of powers from one department to another after it emerged that some Rivers Agency functions were "inadvertently omitted" from May's Stormont shake-up.
The oversight means responsibility for flooding assessment and management does not lie with the the Department for Infrastructure (DfI) as planned and remains instead with the Department of Agriculture, Environment and Rural Affairs (Daera).
Two pieces of new legislation are now required to redress the omission.
The two main aspects of Rivers Agency functions that were not transferred relate to the Reservoirs Act (Northern Ireland) 2015 and the Water Environment (Floods Directive) Regulations (Northern Ireland) 2009, though according to officials the oversight has "not presented any operational difficulties" to date.
But SDLP MLA Daniel McCrossan said it appears "someone was asleep at the wheel" when the transfer of functions took place in May.
"While the Rivers Agency is now under the control of DfI, the statutory powers for the assessment and management of flooding, a key rivers agency responsibility, remains with Daera," he said.
"It seems the transfer was simply bungled and now new legislation is required."
Mr McCrossan said the failure to move responsibility for flood assessment and management to DfI would raise concern among homes and businesses which were submerged under several feet of water in December last year and January this year.
"There will rightly be concerns about the government’s ability to manage an emergency situation this year with responsibility fragmented between departments," he said.
"Those communities which were neglected and which still haven’t been restored will be sceptical about the department’s relaxed attitude to this serious issue."
The legislation for reorganising Stormont's departments was brought forward last year by the Office of First Minister and Deputy First Minister – now the Executive Office.
An Executive Office spokesman said: "This was a major restructuring from 12 government departments to nine so it was inevitable a number of issues would need resolved.
"Work is progressing on these."
The spokesman said failure to transfer the Rivers Agency's statutory responsibilities has had no short-term impact and does not affect the operation of its services in terms of flood protection or dealing with flooding events.
