John O'Donoghue
Ceist:167 Deputy John O’Donoghue asked the Minister for Tourism, Culture and Sport when a balance of sports capital grant will be granted to an organisation (details supplied) in County Kerry. [2926/11]
Amharc ar fhreagraWednesday, 19 January 2011
Ceisteanna (123, 124)
Freagraí scríofa
The terms and conditions of the Sports Capital Programme include a requirement, for grantees in receipt of allocations that cumulatively exceed certain threshold levels, to execute a Deed of Covenant and Charge, which is designed to protect the Minister's and taxpayers' interest in the grant-aided facility.
The Department's legal adviser, the Chief State Solicitor's Office (CSSO), deals with the grantee's solicitor in executing this Deed. The required documents were submitted by the applicant's solicitors to the CSSO on 22 December 2010 and these are currently being reviewed to ensure that they meet the legal requirements of the Sports Capital Programme. Once the Department is notified by the CSSO that the legal issues are concluded, the Department may progress the payment of the grant.
John O'Donoghue
Ceist:168 Deputy John O’Donoghue asked the Minister for Tourism, Culture and Sport when payment of a sports capital grant will issue to a sports centre (details supplied). [2927/11]
Amharc ar fhreagraPayment of an allocation under the Sports Capital Programme is subject to compliance on the part of the grantee with the Programme's terms and conditions. Provisional allocations under the Programme cannot be formally approved until all legal requirements are met. The grantee in question was informed in the letter of provisional allocation on 9 May 2007 that no works should be carried out prior to receipt of formal approval from the Department. The terms and conditions include a requirement, for grantees in receipt of allocations that cumulatively exceed certain threshold levels, to execute a Deed of Covenant and Charge, which is designed to protect the Minister and taxpayers' interest in the grant-aided facility.
Where grantees hold a lease to the property in question, and that lease contains a forfeiture clause, grantees are required to have the landlord execute a landlord agreement. This agreement stipulates that in the event that the facility reverts to the landlord within the period of the Minister's charge, the landlord will either maintain the facility in sporting use or repay the unexpired value of the grant to the Department. The Chief State Solicitor's Office (CSSO) advised in September of last year that landlord agreements should remain an integral part of the Minister's security under the Department's capital programmes.
In the case of the grantee in question, the landlord refuses to enter into such a landlord agreement. The Department is consulting with the CSSO and the landlord concerned to identify a solution to this matter. The Department wrote to the CSSO on 21 December last providing observations on draft proposals to resolve this matter. The Department is to meet with the CSSO shortly with a view to bringing this process of consultation to a conclusion. Payment of the grant will not be possible until these legal issues are resolved.