Terence Flanagan (Dublin North East, Fine Gael)
Link to this: Individually | In context

Howth sea scouts is a voluntary organisation which contributes greatly to the Howth area. The people of Howth built a den at the west pier and it should therefore be retained for public use. The den has been used by generations of scouts and needs to be retained for this purpose.

The sea scouts use the scout hall every day and also provide activities such as camps, competitions, first aid training, canoeing, hikes, treasure trails, boat maintenance days and training courses. At present 120 children ranging in ages from six to 20 years use these facilities. The sea scouts provide an outlet for these young people. It instills a maritime tradition in our youth and provides training in all aspects of seamanship.

Howth is a fishing village which has seen a loss of white fishing vessels in the last number of years. The maintenance of this tradition is imperative to the village. The recent decision taken by the Minister of State with responsibility for the marine not to renew the lease on the land currently used by Howth sea scouts is devastating. The sudden termination of the lease has come as a shock to all concerned and I call on the Minister of State to review his decision immediately and to grant an extension to the lease.

The original lease was for 20 years, so surely the sea scouts have some rights. The lease expired in 2007 and a two year lease was subsequently granted. The lease was due to be renewed on 1 November but instead the sea scouts were given notice to leave the building, leaving them homeless and with nowhere to store their equipment. The Minister of State made the decision to pass the land to the highest commercial bidder, subsequently disregarding the interests of the sea scouts and the people of Howth who helped build this community facility. Scouting groups are unable to compete with commercial organisations.

The Minister of State has suggested that the sea scouts co-use the premises occupied by Howth Sea Angling Club. This possibility has been examined and it has proved to be unsuitable. A purpose built ground floor is needed to store their rowing boats, dinghies, kayaks and canoes. As a youth organisation, the sea scouts have a policy of no alcohol and a venue containing a bar such as that occupied by Howth Sea Angling club is unsuitable.

The lease should be renewed as it is the right thing to do. This premises belongs to the community. The sea scouts have used this premises for the last 22 years. It is needed to preserve maritime traditions, promote water safety and to provide a safe environment for our youth. We also need to instill confidence in our young people, and the sea scouts achieves this. We need to help our young people to learn in a positive manner, and they learn skills at the sea scouts which they retain for life. Anti-social behaviour is a scourge of society, and while young people are using their time constructively with organisations such as the sea scouts, the last thing the Government needs to do is to put these people on the street.

I ask the Minister of State to look sympathetically on the request of the sea scouts in Howth, by renewing their lease at No. 20, West Pier for the foreseeable future. In his response, I ask him not to talk about public procurement processes, because it is a community we are talking about, not a commercial organisation.

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

The Fishery Harbour Centres Act 1968 made provision for the establishment, maintenance and management of the fishery harbour centres fund. Orders made under the Act have provided for the transfer to the fund of all property, rights and liabilities within the six fishery harbour centres. By way of statutory instrument, responsibility for Howth harbour was transferred from the Commissioners of Public Works in Ireland on 1 January 1990. The other five fishery harbour centres are located at Dunmore East, Castletownbere, An Daingean, Ros an Mhíl and Killybegs.

The Department of Agriculture, Fisheries and Food manages a large property portfolio in the six fishery harbour centres. All funds generated within the fishery harbour centres, including rental income from leased property, are appropriated directly to the fishery harbour centre fund. The fund is used for the operation and development of the harbours and there is an obligation on the Department to ensure that the property portfolio is used to its maximum potential.

The Scout Association of Ireland Trust Corporation Limited signed a 20 year lease in respect of site No. 20, West Pier, Howth fishery harbour centre with effect from 1 November 1987. At that time, the site and indeed all of Howth Harbour was owned and managed by the Commissioners of Public Works in Ireland. The site was occupied by the Howth sea scouts for the full period of the lease. A nominal annual rent was agreed with the Scout Association of Ireland Trust Corporation Limited in 1987 and was not increased during the term of the lease. This low rent was set on the understanding that the premises would be used for scouting activities, for which there was significant demand, and on the basis that the site would be developed to the lessors' satisfaction and in accordance with the plans and specifications already approved by the lessors within a year of the lease being signed.

The lease agreement contained many other clauses, one of which was that at the end of the term the lessee will "quietly yield up the demised premises with all buildings erected thereon in a good and tenantable state of repair and condition". In 1986, the State Valuation Office advised that if the site were let on a commercial basis, the rental valuation would have been 325% more than the nominal rent agreed with the Scouting Association of Ireland Trust Corporation Limited. There was no provision in the lease signed in 1987 that allowed for the lease to be renewed by the Scout Association of Ireland Trust Corporation Limited.

The lease expired on 31 October 2007 and a two year licence to occupy the premises was issued to the Scout Association of Ireland Trust Corporation Limited on 1 November 2007, on the same basis as the original lease agreement. This licence expired on 31 October 2009.

Prior to the expiry of the licence, the Department was in contact with a representative of the sea scouts group in Howth to explore alternative accommodation within Howth fishery harbour centre. The Department arranged discussions between the scouting group and another club based in Howth fishery harbour centre with a view to exploring the possibility of sharing accommodation. The Department is required to secure the maximum return from its resources. The public procurement guidelines issued by the Department of Finance on the disposal or letting of Government property state:

The disposal or letting of property should be dealt with by competitive tendering or by auction. This approach provides a disposal mechanism which is both transparent and is likely to achieve a fair price.

Accordingly, and in line with existing fishery harbour centre property policy, it is a requirement that the site would be valued and a public tender process put in place to award a lease on the site to the most economically advantageous tender that meets the qualifying criteria set out in the request for tender documentation.

I realise the concerns of the sea scouts in this case and following the valuation of the site I intend to discuss the issues with my officials and the Department of Finance, with a view to exploring a solution that is agreeable to the sea scouts and consistent with the public procurement guidelines. I want to acknowledge the positive proposals put forward by my party colleagues in the area which I hope will lead to a resolution. On 22 October 2009, I had a meeting with the chief scout and the chief executive officer of Scouting Ireland. This meeting was very informative and clearly showed the valuable work being carried out by Scouting Ireland, and particularly the volunteers who work at a local level with the sea scouts in Howth. The Department has sought advice regarding a legal mechanism by which the sea scouts might be allowed to continue to use the premises in the short term while a request for tenders is being prepared or until a resolution is reached.