Vol. 523 No. 2
89 Mr. Howlin asked the Minister for Arts, Heritage Gaeltacht and the Islands if she has received from the Office of Public Works the proposed detailed reinstatement plan for the site at Mullaghmore, County Clare; and if she will make a statement on the matter. [20228/00]
As the Deputy is probably aware, this case was concluded in the High Court on 3 July 2000. The court directed that the site of the proposed visitor centre at Mullaghmore be restored. The court directed that the restoration be in accordance with a schedule of reinstatement work which was drawn up and agreed on that date. The required works will be carried out by the Office of Public Works before 30 May 2001.
In reply to a parliamentary question on 31 May, the Minister indicated that the Office of Public Works had been asked to prepare a detailed reinstatement plan for the site. Is the Minister in receipt of that plan and can she outline what the major recommendations and difficulties are?
When An Bord Pleanála reached its final decision and that decision was made known, I contacted my legal advisers to examine the situation with regard to me making a judicial challenge to the decision. My legal advice was that such a challenge would not succeed.
I then hoped that we would be able to look at the situation with regard to the Mullaghmore site and, given the sensitivity of the site, I considered that it might be appropriate to carry out an environmental appraisal of the likely impact of reinstatement. However, on 3 July the Honourable Mr. Justice Flood directed in the High Court that the site of the proposed visitor centre at Mullaghmore be restored. He further directed that a process of consultation take place between the relevant experts. Those discussions took place and their purpose was to agree on the works to be carried out.
Mr. Justice Flood then made an order directing that the site be restored in accordance with that schedule. The schedule was drawn up on the direction of the court.
Substantial EU funding has already been spent on the site. What is the situation in that regard? Is the Minister obliged to refund that money or will it be withdrawn? The money was spent in error in light of the judgment in July.
It is no secret, certainly in my constituency, that I was in favour of the proposed buildings at Mullaghmore and that I supported the previous Minister. However, the legal decisions were made before I came into office. The major decisions were taken on 12 February 1993 and 26 May 1993.
I agree with Deputy Clune that millions of pounds were spent on this site and it was for that reason, as well as many others, I had hoped this project could have gone ahead. That is obviously not the case as a result of the decision taken in the independent forum of An Bord Pleanála and following the direction of the court on 3 July. I see no way of recouping the money spent on the project.
Was it European funding?
Yes.
We agree on the sensitivity of the site and it is probably one of the first sites we have attempted to reconstruct. There are obviously great difficulties involved because of designation problems. Will an independent body assess the final product with regard to how satisfactorily it is reinstated? The cost factor is one thing but conditions were implied by the local authority initially and subsequently by An Bord Pleanála. Is the Minister confident that they can be adhered to and, second, satisfactorily restored through the reinstatement process?
In 1993 the options were that either the site would be reinstated or planning permission would be sought for the renewed application. The planning application took place and An Bord Pleanála turned it down. It was then for the court to make its judgment, which it did under the Honourable Mr. Justice Flood. The decision was that it should be reinstated. As I said earlier, we were directed by Mr. Justice Flood to consult with the experts to see how reinstatement would take place and to draw up the schedule for that. When that was drawn up we were directed that the schedule should be complete by 30 May 2001. That is the situation.
These issues have been decided by An Bord Pleanála and in the courts. Like any other citizen, I must comply with the independent decisions of these bodies.
Will there be an independent assessment?
I have outlined the position.
The six minutes for this question have concluded.
What is happening at the moment in relation to the restoration?
I had to affirm the court order and I must ensure that it will be complied with. We were given the timescale, which is that the works must be carried out by 30 May 2001.
