Vol. 533 No. 1
36 Mr. Gilmore asked the Minister for the Marine and Natural Resources if his Department's consultations with the Chief State Solicitor's office regarding Iarnród Éireann's work at Killiney Beach, County Dublin, have yet concluded; if it is now intended to initiate prosecutions against Iarnród Éireann; and if he will make a statement on the matter. [8133/01]
As the Deputy is aware my Department sought the advice of the Office of the Chief State Solicitor, the Office of the Attorney General and counsel on issues arising in this case. The advice received is under consideration in my Department at present. Various issues raised by the advice are now being pursued with Iarnród Éireann and the Department of Public Enterprise. The legal advice does, however, tend to confirm that Iarnród Éireann may have powers to enter on to adjoining lands, including foreshore, to carry out works for the purposes of repair or the prevention of an accident.
The exercise of these powers is, however, the subject of certain procedures which appear to be the responsibility of the Minister for Public Enterprise. The original legislation dates from 1842 and the trail of responsibility and process is not entirely clear.
As I have said, these matters are being teased out with the Department of Public Enterprise and Iarnród Éireann. At this point, however, it would seem on both legal and practical grounds that our efforts would best be addressed at finding the optimum long-term solution.
