Joanna Tuffy (Dublin Mid West, Labour)
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Question 417: To ask the Minister for Agriculture, Fisheries and Food the reason his Department has not, after 22 years, renewed the lease held by an organisation (details supplied) on a plot of ground on the West Pier, Howth, County Dublin; if his attention has been drawn to this situation; if his attention has been drawn to the fact that the organisation fundraised locally and built their premises on this plot of ground; if he will intervene to halt this impending eviction; and if he will make a statement on the matter. [40172/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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My Department manages a large property portfolio in the six Fishery Harbour Centres. All funds generated by leasing of property are allocated directly to the Fishery Harbour Centre (FHC) Fund. The FHC Fund was established under the Fishery Harbour Centres Act 1968 and is used for the operation and development of the harbours. There is an obligation therefore on me to ensure that the property portfolio is used to its maximum potential.

The Scout Association of Ireland signed a 20 year lease in respect of Site No. 20 West Pier, Howth FHC, which is currently occupied by the Howth Sea Scouts, on 1st November 1987. The lease expired on 31st October 2007. On the expiry of the lease a two year licence to occupy the premises was issued on 1st November 2007. This licence expired on 31st October 2009. A nominal annual rent of £500 / €635 has been charged since 1987 and has not been increased. A number of conditions were included in the lease agreement. One of these conditions specified that a building, in accordance with plans and specifications attached to the lease, would be erected on the site. Another of the conditions states that at the end of the term the leesee will "quietly yield up the demised premises with all buildings erected thereon in a good and tenantable state of repair and condition".

My Department is obliged to ensure that it secures the maximum return from its resources as set out in the Public Procurement Guidelines issued by the Department of Finance. Accordingly, and in line with existing policy, it is a requirement that the site would be valued and a public tender process put in place to award a lease on the site to the most economically advantageous tender that meets the qualifying criteria set out in the request for tender documentation.

I am aware of the concerns of the Sea Scouts in this case and following the valuation of the site I propose to discuss the issues with my officials and the Department of Finance with a view to exploring a solution that is agreeable to the Sea Scouts and consistent with the Public Procurement Guidelines. In the meantime my Department is seeking advice regarding a legal mechanism by which the Sea Scouts might be allowed to continue to use the premises in the short term while a request for tenders is being prepared or until a resolution is reached.