I refer the Deputy to the response I gave to his Question No. 51 of 6 February 2002, which explained my Department's position regarding the settlement referred to.
I understand from the Chief State Solicitors office and the office of the Attorney General that the High Court order in this case can only be released to persons who are party to the proceedings. The deed of covenant between the Minister for Finance and me on the one side and the plaintiff on the other, which arises out of the agreement is not yet finalised. I will be happy to provide the Deputy with a copy when it has been executed.
The covenant, as agreed with the plaintiff, will make specific provision for the preservation and maintenance of all embankments, walls or other structures located in the area covered by the covenant. The covenant will also permit any other works necessary for coastal protection.
The total area of the foreshore covered by the covenant is approximately 272,441 square metres. This covenant covers only a small proportion of the foreshore in the Boyne Estuary, east of Tom Roe's Point and it would preclude any development on that portion of the foreshore. It is open to the port company or any other body to make an application to my Department in the event that there are proposals to develop any other area in the Boyne estuary. As the Deputy is no doubt aware, the Boyne estuary is a special protection area under EU legislation, and any future development there must satisfy the very stringent restrictions of both Irish and EU environmental legislation. Dúchas, the heritage service, which is the statutory authority with responsibility in this area, has informed my Department that it has serious reservations about any further land reclamation downstream of the Tom Roe's Point development.
