Dáil Éireann Debate, Tuesday - 30 November 2004
121 Ms Burton asked the Minister for Communications, Marine and Natural Resources the position with regard to possible legal action being taken against the State for his Department’s failure to comply with EU competition law due to the way it funded four marina projects in Kerry, Galway, and Sligo; the reason these projects were advanced without a proper scheme having been put in place for funding them; and if he will make a statement on the matter. [31246/04]
View answerI am not aware of any legal action being proposed against the State in relation to EU competition law in connection with marine access infrastructure projects in Kerry, Galway and Sligo.
I have previously advised the House that the four projects in question at Cahirciveen and Kenmare, County Kerry, Roundstone, County Galway and Rosses Point, County Sligo were selected for funding in advance of the NDP marine tourism grant scheme being launched in 2002. The marine tourism grant scheme had state aid approval and, therefore, no question of a breach of EU competition law arises.
Of the projects mentioned, only the marina at Caherciveen has been completed and is operational. The other three projects have been and continue to be the subject of complex legal, planning and process issues.
Recent legal advice suggests, however, that the state aid approval that was given to the scheme does not extend to the four projects. The Department is currently in consultation with the Attorney General's office on what the state aid implications for these particular projects may be if they were to proceed.
