The Deputy will be aware that last January Iarnród Éireann commenced emergency repair work at Killiney to prevent the railway line from being undermined by the action of the sea. This work necessitated trespass on the foreshore and the temporary occupation of Killiney Beach. My Department was made aware last November that Iarnród Éireann proposed to carry out works at this spot and would, in due course, apply for a foreshore licence to allow the carrying out of the works. No such application was made and the first notice my Department received was through complaints being made by residents. The issue was immediately raised with Iarnród Éireann which responded that, under its legislation, no permission was required for emergency works.
There was a lack of clarity as to whether the railways legislation took precedence over the Foreshore Acts and my Department sought the advice of the Attorney General, according to whom the legislation governing the maintenance of the railways has precedence over the Foreshore Acts in the case of works of an urgent nature which are essential for the safety of the public. I am satisfied that such a situation has arisen in this case and that a prosecution would not succeed.