John Browne (Wexford, Fianna Fail)

I thank the Senator for raising this issue.

There are two aspects to this matter. The first relates to siltation at the harbour. A dumping at sea permit was issued to Donegal County Council on 22 December 2006 to facilitate maintenance dredging. I understand that the maintenance dredging has taken place and I will refer to this in more detail in a few moments.

The second aspect of this matter is the drafting and acceptance by the relevant parties of a lease in respect of the proposed breakwater at Buncrana. The council requested a reduction or total waiver of foreshore charges on the basis that the facility was to be used only by the RNLI. Following extensive discussions and as an exceptional matter, the Department, with the agreement of the Department of Finance, informed the council that it would consider waiving the rental charges if the council could confirm that the proposed facility would be for the exclusive use of the RNLI. In addition, the council was informed that if it was unable to confirm that the facility would be used exclusively by the RNLI, the Department was prepared to apply a reduced rental charge based on the ratio of usage of the facility by the RNLI.

On 20 December 2006 the council confirmed that the facility proposed at Buncrana Harbour was solely for the use of the RNLI and was not being constructed for the benefit of any other party. On foot of this confirmation, the Department entered into detailed discussions and correspondence with the Office of the Chief State Solicitor with a view to preparing an appropriate draft lease which would best facilitate the council's proposal while safeguarding the State's ongoing interest in the management and protection of the foreshore in the public interest.

The draft lease will involve the insertion of specific conditions which will reflect the fact that the arrangements involved are unusual and are based on the need to provide a permanent location for the RNLI which will enable the launch of its boat on a 24-hour basis. The Department's discussions with the Chief State Solicitor's office have focused on the public interest provisions of the Foreshore Acts, the arrangements which the council will need to make with the RNLI and other legal issues designed to protect the interests of all parties. The lease, when drafted, will require the agreement of all relevant parties.

A meeting between the Donegal county manager and myself, together with officials of the Department, took place on 25 September 2007 to discuss in some detail both aspects of this matter. Of primary concern to my Department is that the RNLI is in a position to launch its lifeboat without difficulty, and in this regard my officials sought clarification on the position regarding dredging at the harbour. At this meeting the county manager undertook to confirm that the dredging in respect of which my Department had issued a dumping at sea permit had in fact taken place. The county manager has since confirmed, in a letter of 26 October 2007, that dredging took place in the harbour in May of this year and, furthermore, has acknowledged that the council is working closely with the Department to monitor the need for dredging at the harbour in order to maintain conditions which enable the RNLI lifeboat service to operate as safely and as efficiently as possible. The Department will continue, in consultation with its specialist advisers, to assess with urgency any applications for dumping at sea permits which are required for the disposal of spoil arising from necessary dredging operations, and its engineering division will of course provide all possible assistance to the council in monitoring siltation at the harbour.

The second issue, namely the property management aspect of the proposed breakwater, was also discussed at the meeting with the county manager. The county manager has confirmed in writing that Donegal County Council currently has no plans to develop a public marina in Lough Swilly nor does Donegal County Council wish to activate a foreshore approval in Buncrana to develop a public marina in Lough Swilly.

My Department met with officials of the CSSO last Friday, with a view to advancing preparation of the appropriate lease. As already indicated, the specific conditions of the lease will need to reflect the fact that the arrangements involved are unusual and are designed specifically to facilitate the RNLI. In this connection, one of the options which my Department will have to consider is the possibility of offering a lease directly to the RNLI. It is understood that arrangements along these lines would be acceptable to the council. In this regard, on foot of legal advice, my Department has sought an early meeting with the RNLI which, Senator Keaveney will be happy to hear, takes place tomorrow. However, there are other options which will also have to be explored from a legal perspective.

The matter of this lease is being given urgent attention at administrative and legal level and while ultimately the final lease will have to be agreed by all relevant parties, I am confident that we are near finality in this issue.