Dáil Éireann Debate, Tuesday - 9 November 2004
76 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs if grants have been paid out by Údarás na Gaeltachta to a company (details supplied) in respect of a quarry located in Ballynahalla, Moycullen, which has been confirmed by Údarás as being outside the Gaeltacht area; and if he will make a statement on the matter. [28069/04]
View answerAs I indicated in my reply to Question No. 160 on 5 October 2004, a capital grant was approved by Údarás na Gaeltachta in respect of the company referred to by the Deputy on the incorrect understanding that it was operating within the Gaeltacht boundary.
I understand from Údarás na Gaeltachta that appropriate steps have been taken to prevent a recurrence of such anomalies. Moreover, I understand that, following a review of the matter in the course of an interim audit of the 2004 accounts of Údarás na Gaeltachta, the Comptroller and Auditor General will not be taking any further action.
I thank the Minister for his answer. Has he or his Department sought further information on other companies to which Údarás na Gaeltachta might have granted money in similar circumstances in recent years? Is he aware of how prevalent this practice might be?
Given the Minister's proposals or suggestions that Gaeltacht areas should be extended or boundaries redrawn, has he or his Department undertaken an audit to ascertain the effect such an extension would have on the allocation of grants by Údarás na Gaeltachta in regard to certain industrial or other activities?
In response to the first question, I know of no other case where this happened. Knowing the circumstances and the topography of the case, it is a pity it happened. However, it was quite understandable that it happened and I understand that local people did not quite realise the location of the townland boundary. In many cases such a boundary is defined by a stream or abhantrach where the water comes off the hills, if there are hills. The place in question does not have hills. It is in a limestone region and all the water sinks below the surface. Therefore it was not so easy to define the townland boundary. It is obvious that what happened should not have happened. In fairness to Údarás na Gaeltachta, it is taking steps to ensure that it will not happen again.
On the second question, if the boundaries ever change in the Gaeltachtaí, an issue we are considering, grants would only be paid within the new boundary from the date of the change. We experienced this when changes were made under the 1956 Act to Gaeltacht boundaries defined in the 1929 Act. There is a precedent for dealing with the matter.
The case in question was one of misplaced geography and I accept the Minister's word on this. However, does his Department or Údarás na Gaeltachta have a specific policy on the environmental impact of grants? The case to which I referred concerned a quarry, and the money given and the type of activity in which the company was engaged obviously had an environmental impact. If the Minister has a policy on this, does it inform the decisions of Údarás na Gaeltachta regarding the giving of grants?
The policy is very clear. Anybody seeking a grant must fulfil all the laws that apply, including Environmental Protection Agency guidelines, with regard to environmental impact statements and planning permission specifications. The Deputy might have understood that the planning authority was of the opinion that planning permission was not required but it emerged some considerable time after the making of the grant that An Bord Pleanála made a different ruling. We pass laws and everybody applies them but we do not know whether somebody will bring a case to the Supreme Court to prove a law unconstitutional in ten years' time. Until this happens, however, one cannot blame a person for acting within the law as it exists. A ruling was given that planning was not required in the case in question and Údarás na Gaeltachta was perfectly correct to presume, once the local authority expressed its view to this effect, that the ruling was correct. We always apply this principle to legislation.
