Written answers

Thursday, 27 September 2007

Department of Communications, Energy and Natural Resources

Foreshore Licences

5:00 pm

Photo of Eamon ScanlonEamon Scanlon (Sligo-North Leitrim, Fianna Fail)
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Question 201: To ask the Minister for Communications, Energy and Natural Resources the position in relation to the breakwater for the RNLI in an area (details supplied) in County Donegal; the reason for the delay in progressing a project that was allocated finance over one year ago; and if he will make a statement on the matter. [21181/07]

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)
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This case relates to 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 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 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 and, to that end, a further meeting has been scheduled between my Department and the county council to further clarify outstanding issues.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 202: To ask the Minister for Communications, Energy and Natural Resources the situation surrounding the lease of a foreshore (details supplied) in County Donegal, when the situation will be resolved; and if he will make a statement on the matter. [21242/07]

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)
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There are two aspects to the question put down by the Deputy. The first relates to siltation at the harbour and in this regard a Dumping at Sea Permit was issued to the council on 22 December 2006 to facilitate maintenance dredging.

The second aspect relates to 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 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 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 and, to that end, a further meeting has been scheduled between my Department and the County Council to further clarify outstanding issues.

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