Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 270: To ask the Minister for Arts, Sport and Tourism if an organisation with a 21 year lease will be considered for eligibility under the sports capital grant; the reason it had to be in excess of 21 years under previous schemes; if he will review the situation; and if he will make a statement on the matter. [28498/07]

Séamus Brennan (Dublin South, Fianna Fail)
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The position is that under the Sports Capital Programme, grantees in receipt of funding over a specified level must enter into a Deed of Covenant and Charge in order to protect the Minister's interest and ensure that the property remains in sporting use. This places a charge on the grantee's property and in this regard, my Department is advised by the Chief State Solicitor's Office (CCSO) that a lease of twenty-one years is required in law to create a legal estate capable of supporting a charge. However, where a lease is required to be registered in the Property Registration Authority, and a solicitor fails to register the lease in time and part of the twenty-one year term then expires, the Property Registration Authority will not register the lease, and the charge that is required cannot be secured.

It is to ensure, therefore, that the lease may be registered within the timeframe required, so that the charge can be secured, that my Department, acting on the advice of the CSSO, has requested a lease of not less than twenty-two years. In this regard, it provides a safeguard for organisations that apply for capital funding under the Sports Capital Programme.

These stipulations apply to new unregistered leases only, as existing registered leases of twenty-one years or more are capable of supporting a charge. In such instances, the applicant must provide evidence that the lease has been registered with the Property Registration Authority with a minimum of 15 years remaining.