Jim O'Keeffe (Cork South West, Fine Gael)
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Question 221: To ask the Minister for Communications, Marine and Natural Resources, further to Question No. 180 of 17 May 2005, if heads of agreement have been signed or agreed between the Dublin Port and Docks Board and the private consortium; and if he will make a statement on the matter. [17268/05]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 222: To ask the Minister for Communications, Marine and Natural Resources when his attention was drawn to information causing him to request the Dublin Port Company to provide information in relation to the company facilitating one private consortium in a tendering process for the national conference centre; and his views on whether the company in so doing is complying with the code of practice for the governance of State bodies. [17269/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 221 and 222 together.

On 22 March 2005, the Department received a press query by electronic mail regarding the use of land in the ownership of Dublin Port Company in connection with a proposal for the national conference centre. On 23 March, the Department requested Dublin Port Company to provide it with relevant information in regard to the proposal. On 1 April, Dublin Port Company replied to the Department stating that it is facilitating a consortium in a tendering process for the national conference centre. On 1 April, the Department requested the company to provide a note setting out the involvement of the company in, and implications for the company of, the consortium's proposal and a clear statement of what was meant by the company facilitating the consortium.

On 7 April, the company replied stating that it has been facilitating one of the consortia bidding for the national conference centre in so far as it has consented to the inclusion of a site in the ownership of the company in the submission of the consortium to the Office of Public Works as being potentially a suitable site for the national conference centre. The company stated that it had entered into non-binding heads of agreement with the consortium, that it had not concluded a formal contract with the consortium and that it had not concluded any agreement for the disposal of company assets or to provide access to those assets in favour of any third party.

The principal issue at stake from the point of view of the Department is compliance by the company with the applicable legislation and the code of practice for the governance of State bodies. The primary responsibility for compliance rests with the company. In this regard, the company has confirmed to the Department that it is adhering to the code of practice. In my reply to Question No. 180 on 17 May, I stated that based on the information provided to the Department, I had no reason, at that time, to request further information from the company in relation to this matter.

On 18 May, the Department received a letter from Dublin Port Company requesting ministerial approval for its proposal to enter into an arrangement with a consortium as detailed in draft heads of terms attached to the letter. The company states that, in essence, the proposal provides that, in the event that the consortium is successful in its bid for the development of the national conference centre and appropriate planning and other consents issue in respect of the national conference centre, Dublin Port Company will make available a site in order to facilitate the development of the national conference centre together with further and complementary commercial development. The company's letter is being considered by the Department at present.