Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank Deputy Pearse Doherty for raising the matter. I know of his interest in it. He referred to a number of parliamentary questions on it. Proposals for activity and development on the foreshore vary greatly in terms of their nature, scale and complexity, and the time required to determine applications varies accordingly. There is a long and complicated history to this.

The Burtonport foreshore consent application on hand with my Department has two aspects. First, it involves an application for a lease for an area of reclaimed foreshore at Burtonport Harbour by Donegal County Council. Secondly, it involves a proposal by Donegal County Council to sublease a portion of the reclaimed foreshore concerned to a third party. There is a long and complex history to this particular case.

At the time of the original application, Donegal County Council wanted to purchase the foreshore in question. However, the position of the then Department of Communications, Energy and Natural Resources was that a lease should instead be granted for the maximum term of 99 years. As a matter of routine, sanction from the Department of Finance, now the Department of Public Expenditure and Reform, is required for lease terms in excess of 35 years. Sanction was secured in October 2007, subject among other things to a valuation being obtained and agreed by the council. After a series of negotiations, the valuation was finally agreed with the council in October 2010. The council elected to lodge payment in respect of the leasehold premium in October 2010, in advance of any request for payment from my Department or any lease agreement being in place.

Over time, the nature of the proposal for which the council had originally intended to make the third party sublease changed substantially. This gave rise to a number of legal issues, on which my Department needed to seek legal clarification. My Department has been engaging with the Chief State Solicitor's office on this case since November 2010. The present position is that legal advice is awaited from the Attorney General's office and, until this advice is received, it is not possible to indicate when this matter will be concluded. My Department's legal advisors have been appraised of the pressing need to resolve legal matters relating to the case. My Department is in regular contact with the county council to ensure it is aware of the position, with the most recent contact taking place in December 2013.

I realise it has been going on for a long time and we will seek to expedite the issue.

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