Michael Ring (Mayo, Fine Gael)
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Question 206: To ask the Minister for Transport, further to Parliamentary Questions Nos. 417, 150, 151 and 152 of 3 December 2009 (details supplied), his views on whether this is contradictory to the response received from the local authority in question; the papers that were sent to the local authority; when same were sent; and if he will make a statement on the matter. [46738/09]

Michael Ring (Mayo, Fine Gael)
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Question 207: To ask the Minister for Transport the way a matter (details supplied) will be progressed in view of the fact that it has been ongoing for more than two years; the cost in legal and other fees in that period; and if he will make a statement on the matter. [46739/09]

Noel Dempsey (Meath West, Fianna Fail)
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I propose to take Questions Nos. 206 and 207 together.

The Chief State Solicitor's Office has issued clear advice that all the necessary legal and contractual issues involved in this matter have not been resolved. The principal items of these issues include the registration of Common Areas, property management of the building and differences in the planning drawings. The Chief State Solicitor's Office, acting on behalf of the Irish Coast Guard, forwarded a draft Caretaker's Agreement to Mayo County Council's solicitors on the 18th February 2008.

During a meeting between the Irish Coast Guard, the Chief State Solicitor's Office, Mayo County Council and their solicitors on the 11th June 2008, the Coast Guard was advised that such an Agreement was unacceptable at that time. The CSSO Office have advised that the present proposals are unsatisfactory for the Department, and that the Irish Coast Guard would be in a weak position if there was a disagreement in the future which could expose the Department to additional costs. The Irish Coast Guard has recently reminded Mayo County Council that it is still willing to proceed along the lines of a Caretakers Agreement to allow the volunteers enter the building whilst legal difficulties are corrected and that the Coast Guard would be willing to pay a reasonable percentage of the remaining monies due on foot of such access.

No legal fees are applicable in this case. I have asked, and been assured that, the outstanding issues will be dealt with in the appropriate manner and as quickly as possible. Indeed the Director of the Coast Guard and the Director of Services for Mayo County Council are currently dealing directly on the matter.