Pearse Doherty (Donegal South West, Sinn Fein)
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373. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the problems experienced by Donegal County Council in obtaining a foreshore licence for Burtonport; the reason for the delay in granting the foreshore licence; if his attention has been drawn to the fact that the delay has resulted in the loss of funding for the establishment of a marina in the area; if his attention has been drawn to the fact that Donegal County Council paid in excess of €100,000 to secure the licence; his views on whether it is acceptable that Donegal County Council has been waiting in excess of four years for the licence; the steps he will take to investigate the matter; and if he will make a statement on the matter. [42383/13]

Jan O'Sullivan (Limerick City, Labour)
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The particular facts and evolution of the case in question raised complex legal issues on which my Department found it necessary to seek the advice of the Chief State Solicitor’s Office (CSSO). Following consideration by the CSSO, the Attorney General’s Office has sought a Senior Counsel opinion, and once this is available, the CSSO and AGO will be in a position to advise further.  This matter continues to receive priority, and my Department has been in touch with the County Council to make them aware of the position. Donegal County Council has confirmed previously that the provision of EU funding for marina development was not or is not conditional on the grant of a foreshore lease at Burtonport Harbour. As regards the leasehold premium, Donegal County Council elected to lodge payment in October 2010, in advance of any request for payment from my Department.