Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 557: To ask the Minister for Communications, Marine and Natural Resources if he and his Department will take full responsibility for loss of life or injury caused by the serious delay in having a lease provided for works to begin in Buncrana to specifically facilitate the movement of the RNLI boats on the Swilly; the reason for this delay in furthering a project initially sanctioned for funding over 14 months ago; and if he will make a statement on the matter. [14957/07]

John Browne (Wexford, Fianna Fail)
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There are two aspects to this matter which need to be considered separately. The first is the urgent need to enable the RNLI to launch their boat on a 24 hour basis. As a matter of public safety this has always been and continues to be given the highest priority by the Department. For this reason the Department issued a permit to Donegal County Council last December for the specific purpose of dredging an area of the harbour to provide conditions for the safe launch of the RNLI boat in all tidal conditions. This Permit (Permit no. 379) was issued by the Department on 22nd December and received the same day by the Council. It is a matter for the County Council to take action on foot of this permit.

It is with great concern that the Department learned from the County Council on 19 April that action had yet to be taken by the Council on foot of this Permit, which was sought and granted as an emergency measure. In view of the public safety concerns, it is fully incumbent on the Council to take appropriate measures to remedy the situation without further delay on foot of the Permit granted by the Department last December.

The second aspect is one of property management associated with the drafting and acceptance by the relevant parties of a lease in respect of a 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 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 also 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 20th December last the Council confirmed that the works being proposed at Buncrana Harbour are being constructed solely for the use of the RNLI and are 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 Chief State's Solicitor's Office with a view to preparing an appropriate draft lease, which will best facilitate the Council's proposal and also safeguard 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 their boat on a 24 hour basis. The Department's discussions with the Chief State Solicitor's Office have focussed on the public interest provisions of the Foreshore Acts, the proposed 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. Every effort is being made to expedite the completion of the draft lease.