The primary reason I have not made a decision regarding the provision of Exchequer funding for this project is that I am awaiting advice from the Attorney General on various legal issues pertaining to the pier development. As the Deputy will be aware, my predecessor pledged Exchequer support of up to €1.65 million towards a new pier development at the port as outlined in the Proposed Development Plan 1997 of the Bantry Bay Harbour Commissioners. My predecessor intimated at that meeting that he would be prepared to provide up to €1.9 million if necessary, but in the event that the project exceeded €1.9 million the harbour commissioners would have to provide the additional funds from their own resources.
The commitment from my predecessor was to be paid from the Department's Vote and was not a commitment for funding under the national development plan. The harbour commissioners subsequently updated their estimate of the cost for the development to €6.54 million and, in light of this significant increase in the estimated price, the harbour commissioners applied for funding under the seaports measure of the NDP. Under the Harbours Act 1946, a harbour authority is required to seek the Minister's consent for any financial commitment in relation to infrastructural works.
In August 2002, it was belatedly brought to the attention of my Department by the harbour commissioners that they had entered into a contract in respect of the pier development. The harbour commissioners were subsequently advised that, pending clarification on all financial issues relating to the project, the contractors were not to proceed with the project or incur any additional expenditure. As I stated at the beginning of my reply, advice has been sought on various legal issues pertaining to the pier development and a response is awaited from the Attorney General in this regard.