Róisín Shortall (Dublin North West, Labour)

I do not think it is precisely the same. The Fire Service is a particular emergency service. It would not make sense to leave members of the Fire Service open to being sued in the event of a fire not being extinguished properly. In this case we are discussing commercial entities with responsibility, in addition to a licensing role, for operation of the ports. They should have a responsibility to operate those ports safely. I accept theproposal put forward by the Minister of State at the Department of Transport, Deputy Gallagher, in subsection (c) of his amendment regarding individual members of boards of port companies. I see no reason the port company, as a commercial entity, should receive the immunity proposed by the Minister of State.

Any port company will have many responsibilities relating to the safe and commercially sound operation of the port under its authority. What happens if a port company is negligent in the storage of dangerous substances, does not ensure adequate fire safety or allows petrol to be stored in unsuitable conditions and serious damage ensues? If this is a result of negligence then surely that commercial entity should bear legal responsibility for rectifying the damage done and should be capable of being sued when other people's property is damaged or where life is lost. I cannot see any justification for what the Minister of State proposes and I oppose this amendment.

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