Dublin Port controversy continues
A deal reached between Bertie Ahern and Finian McGrath, Independent TD for Dublin North Central following the general election included assurances to McGrath that no further infilling of the bay would occur in return for McGrath's support for Fianna Fail in government.
Revelation of the deal was met by severe criticism from opposition politicians who see the deal as a threat to Ireland's economic development and who have called on Ahern to come clean on the deal. Dublin Bay Watch (DBW), a voluntary action group set up "to protect and to preserve what remains of the amenities of Dublin Bay", has criticised the response of opposition parties to the deal struck between Bertie Ahern and Independent TD Finian McGrath on further infills of Dublin Bay.
Justin O'Flaherty, a spokesperson for DBW told Village that opposition parties had committed to oppose any further infills of Dublin Bay. The commitments were received by DBW from Fine Gael, the Progressive Democrats, Green Party, Sinn Féin and Finian Mc Grath independent. Fianna Fáil was contacted by DBW but the group has not yet received a response.
Ambiguity in Government
Despite the reported deal, Minister for Transport and Marine, Noel Dempsey was quoted in the Irish Times as saying: “[Dublin Bay] is a strategic port and of national importance. It is nearing its capacity and we must examine ways and means of either expanding that capacity or operating in a different manner.”
In an interveiew on Morning Ireland that followed Dempsey's comments, McGrath reaffirmed that “A very important part of that agreement [with Ahern] is the preservation of Dublin Bay”. McGrath continued, “It is a beautiful natural resource and I will fight to protect it”.
McGrath made it clear that the full details of the deal would be made public in time but at the moment he was holding back to take into consideration the effect it would have on all those involved. “You can take it that I will be putting it on the record,” he added.
The infill
The proposed infill will reclaim 21 hectares (51.89 acres) of land. This would amount to 0.04 per cent of the entire bay, but according to Joe Nolan of DBW, the 21 hectares represents 7 per cent of the inner bay. The area in question is between the North Bull Wall and the South Bull Wall.
According to the Dublin Port Company's own figures, the port handles 99.5 per cent of Irish foreign trade. It is also Ireland's second-largest industrial estate, employing 4,000 people.
O'Flaherty told Village: “An Taoiseach knows that the application is doomed to failure for the following reasons:
Part of the area in question was some years ago excluded from a Special Protection Areas (SPA)* following undocumented meetings between Dublin Port Company (DPC) and Duchas, the heritage service. It was DBW's contention that this was done to facilitate the infill. No proper explanation has ever been offered as to why the change was made.”
DBW made a complaint in this regard to the Ombudsman in 2000. The Ombudsman upheld the complaint. In her ruling on 21 January 2005 the Ombudsman concluded with the following: “The Ombudsman is satisfied that there is prima facie evidence that the Department's actions in making SI 367 of 1999 were taken without proper authority, that they were based on an undesirable administrative practice and were contrary to fair or sound administration. While accepting the Department's assurances in relation to the elimination of administrative deficiencies and improving its performance in relation to future designations, the Ombudsman considers that the Department should take steps to regularise the position of the SPA in question.”
However, according to O'Flaherty, “No effort has been made in this regard so far. The Adjutant General of the European Court of Justice has also found in our favour and the official court ruling is imminent. The court rarely rules against the Adjutant General.”
Joe Nolan, also of DBW, pointed out that in the intervening years of the complaint being made and the report being issued “Duchas was unable to supply DBW with any scientific evidence”. He said that if the infilling were to go ahead “52 acres of water would be displaced. Where is that going to go?”. 
O'Flaherty said, “Quite simply the application is in shreds and the authorities know that any attempt to grant the licence will end up in the courts. This is probably why An Taoiseach was able to give Finian the guarantees he was looking for.”
O'Flaherty said that the infill could not occur “in isolation from a range of considerations in regard to Dublin Bay, urban regeneration and various plans on which a variety of groups, including Dublin City Council, the Rail Procurement Agency, the National Roads Authority and various other bodies would have to be consulted."
Both DBW and McGrath have called in the past for Dublin Port Company to enter into a joint agreement with Drogheda Port Company for the overflow of port traffic to be directed there.
On his website, McGrath made the following suggestion: “The Drogheda Port Company has purchased 150 acres at Bremore, which is just north of Balbriggan, and it has options on a further 250 acres. There is deep water off Bremore. It is adjacent to the M1 Motorway and the Dublin Belfast railway line. The Drogheda Port Company is in the process of developing a deep-water port at Bremore.”
“The Government should direct the Dublin Port Company to enter into a joint venture with the Drogheda Port Company in order to facilitate the Bremore development…. The 30 million euros it would cost to infill, reclaim and develop the Dublin Port Company's 52 acre proposal should be spent on the Bremore Development.”
However Minister Dempsey said current policy was that Dublin remained the premier port and there was an urgent need to examine its future and how it might be developed.
In an article published in the Sunday Times on 17 June 2007 McGrath discussed his plans to be open about the deals he had reached with the Taoiseach.
A Dublin Port Company spokesperson was unable to comment due to the political nature of this issue.
* SPAs are areas for the protection of birds. It was established under the Birds directive of the European Union in 1979