Pat Gallagher (Donegal South West, Fianna Fail)

I move amendment No. 1:

In page 5, line 31, after "1999" to insert ", TO AMEND THE HARBOURS ACT 1996".

Amendments Nos. 1, 3 and 20 were referred to in the instruction to committee motion. I want to refer to the motion before proceeding with these amendments. The House has agreed to consider the amendments together. The amendments aim to provide that port companies and harbour authorities will enjoy immunity from being pursued for the recovery of damages in respect of injury to persons, damage to property or other loss alleged to have been caused by a failure to perform, or to comply with, any of their functions with regard to the licensing or storage of petroleum spirit under the Dangerous Substances Act 1972.

Harbour authorities or port companies are charged with the granting of licences under section 21 of the 1972 Act, which provides that "no person shall have petroleum-spirit in his possession or under his control except in a store licensed by the proper local or harbour authority". Prior to the enactment of the Harbours Act 1996, harbours were under the control of harbour authorities under the Harbours Acts. The 1996 Act facilitated the establishment of ten commercial State port companies which, since 1996, have continued to issue licences under the 1972 Act on the basis that section 83(1) of the 1996 Act allows for references to a "harbour authority" in the 1972 Act to be construed as references to a "port company" established under the 1996 Act.

The Irish Ports Association, which represents the views of the State commercial ports, has expressed concern to the Department for some time about the position of port companies and harbour authorities under the licensing provisions of the Dangerous Substances Act 1972 in respect of the storage of petroleum spirit. In summary, the Irish Ports Association contends that unlike local authorities, fire authorities and other licensing authorities, port companies cannot under existing legislation avail of any immunity from suit for their licensing responsibilities under the 1972 Act.

I consider that this provision would give port companies and harbour authorities the same immunity that is enjoyed by other licensing authorities in respect of the type of proceedings which have been outlined. The Department of Enterprise, Trade and Employment, which has responsibility for dangerous substances, has been consulted. It has confirmed that it has no objection to the nature of the Department of Transport's proposed legislative amendment, which I have outlined.

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