Dáil Éireann debate -
Tuesday, 8 May 2001

Vol. 535 No. 4

Written Answers - Foreshore Licences.

Eamon Gilmore

Question:

61 Mr. Gilmore asked the Minister for the Marine and Natural Resources if his Department's consideration of the advice received from the Chief State Solicitor's office has yet concluded regarding Iarnród Éireann's work at Killiney Beach, County Dublin; if it is now intended to initiate prosecutions against Iarnród Éireann; and if he will make a statement on the matter. [12805/01]

Minister for the Marine and Natural Resources (Mr. Fahey)

The Deputy will be aware that last January Iarnród Éireann commenced emergency repair work at Killiney to prevent the railway line from being undermined by the action of the sea. This work necessitated trespass on the foreshore and the temporary occupation of Killiney Beach. My Department was made aware last November that Iarnród Éireann proposed to carry out works at this spot and would, in due course, apply for a foreshore licence to allow the carrying out of the works. No such application was made and the first notice my Department received was through complaints being made by residents. The issue was immediately raised with Iarnród Éireann which responded that, under its legislation, no permission was required for emergency works.

There was a lack of clarity as to whether the railways legislation took precedence over the Foreshore Acts and my Department sought the advice of the Attorney General, according to whom the legislation governing the maintenance of the railways has precedence over the Foreshore Acts in the case of works of an urgent nature which are essential for the safety of the public. I am satisfied that such a situation has arisen in this case and that a prosecution would not succeed.

The Deputy may well ask why, given that Iarnród Éireann had planned for some months that it would undertake these works, it did not make application for a foreshore licence in the normal course. I can only surmise that the company considered that the built-in delays which examination in my Department and public consultation would involve would lead to an unacceptable delay and that the railway would either collapse or have to be closed. My Department is, at the highest level, in communication with Iarnród Éireann to ascertain details of any other urgent works involving foreshore which will require a departure from the normal application of the Foreshore Acts and to set in place appropriate arrangements for ensuring that the public is made aware in advance of the intention to undertake the works in question and that the site is properly managed and vacated in a proper state after the works have been completed. Such works are an exception rather than the rule and in the normal course the provisions of the Foreshore Acts take precedence in the case of railway works involving foreshore. Iarnród Éireann has assured my Department that it will apply for a foreshore licence to undertake the essential permanent works at Killiney Beach and prior discussions have taken place on this matter already.