P J Sheehan (Cork South West, Fine Gael)

I do not have any problems with many of the provisions of the Harbours (Amendment) Bill 2009. However, I must speak out on behalf of the people of Bantry, south-west Cork and south Kerry, and their right to own and operate their own harbour board. Section 18, in a cursory manner, dismisses the Bantry Bay harbour commissioners with a sleight of hand. I speak with an inner knowledge of this harbour board having had the honour to serve on it for more than 20 years following its formation by the then Minister for Transport and Power, Mr. Peter Barry, in the Harbours Act 1976. I attended each of its monthly meeting religiously. No member claimed expenses then but it is a different situation now.

Peter Barry, a public representative of distinction from Cork city, had the insight and vision to see its importance to the locality. He ensured the local population and businesses were involved in the ownership and running of Bantry Harbour. Local commercial and industrial sectors each had two members on the board while Cork County Council had two representatives. Two other representatives were ministerial appointments.

The advantages of Bantry as a harbour were first recorded from the sea by a French trading vessel in 1253. Bantry Bay is located in the south-west corner of Ireland. The bay runs approximately 35 km from north east to south west into the Atlantic Ocean. It is approximately 4 km wide at the head and 10 km wide at the entrance. The bay is a deep, approximately 40 m in the middle, and large natural harbour with one of the longest inlets in south-west Ireland. It is bordered on the north by Beara Peninsula, separating it from Kenmare Bay. Its southern boundary, Sheep's Head Peninsula, separates it from Dunmanus Bay.

The main islands on the bay are Bere and Whiddy. Prior to the start of World War I, the British admiralty boasted that Bantry Bay had the capacity to hold the entire British fleet. Whiddy Island, which is located half way down the bay near its southern shore, is Ireland's main petroleum terminal. The harbour is ideally suited to large ocean going tankers. The biggest tanker afloat docked at Whiddy Island and unloaded its cargo. No other harbour in the world has the capacity of Bantry Bay or the capability of its harbour authority. It is important the authority remains in operation. ConocoPhillips maintains a single point mooring at the Whiddy Island oil terminal.

I guarantee the House that Bantry Bay is no pond. Its entrances do not need dredging, although the inner bay around Bantry town needs to be dredged. A promise was made many moons ago on dredging but was never met. Bantry harbour is sound commercially and financially. It is not a burden on the State and, indeed, contributes its rightful share of taxes. This was recognised by a previous Fianna Fáil Government when it gave a solemn commitment in the week preceding the 2002 general election to invest £9 million to extend the pier and dredge the inner harbour. It was no joke to face that kind of promise one week before an election but it was yet another unfulfilled commitment. The harbour authority is a self-supporting and viable body which enjoys a sound turnover.

We have seen the effects of this Government's previous decisions to amalgamate small local and democratic bodies into autonomous organisations. Do we want another disaster like the HSE when we replace our small harbour boards with two or three huge authorities? This is an unwise decision and I advise the Minister to reconsider because otherwise we will be forced to submit amendments. This type of thinking has passed its sell-by date and we need to go back to the drawing board. The Bantry Bay Harbour Commissioners were put in place following the 1976 Betelgeuse disaster. The explosion of the Betelgeuse tanker caused the loss of a number of lives and inflicted significant damage to the harbour's jetty. The Minister should examine the recommendations of the Costello inquiry before he even dreams about abolishing the Bantry Bay Harbour Commissioners. I want the commissioners to be retained as an autonomous authority in view of their capabilities and potential for future generations who will live in south-west Cork and south Kerry.

Does a conflict of interest arise in that oil terminals are located in both Cork and Bantry harbours? If investment is needed will the new board based in Cork invest in Whitegate or Whiddy?

The arrival in Galway at the end of this month of the round the world yacht race is expected to bring millions of euro to the western region. I understand that more than 100 harbours around the world are bidding to host the race when it is next held. Bantry harbour would be ideally suited to hosting this international event, which could bring significant benefits to a tourism starved area of south-west Cork. Cork Harbour rather than Bantry Harbour will make the bid if the harbour authorities are amalgamated.

Section 18 of the Harbours (Amendment) Bill 2008 states:

(1) The Principal Act is amended by inserting the following section after section 87:

"87A. - (1) In this section -

'relevant harbour commissioners' means -

(a) in relation to the Port of Cork Company, Bantry Bay Harbour Commissioners, and

(b) in relation to the Shannon Foynes Port Company, Tralee and Fenit Pier and Harbour Commissioners;

'relevant port company' means -

(a) in relation to Bantry Bay Harbour Commissioners, the Port of Cork Company, and

(b) in relation to Tralee and Fenit Pier and Harbour Commissioners, the Shannon Foynes Port Company;

'transfer day' means the day appointed by the Minister under paragraph (a) or (b) of subsection (2).

(2) (a) The Minister may, subject to paragraph (c) and after consultation with Bantry Bay Harbour Commissioners, the Port of Cork Company and such other persons (if any) as the Minister considers it appropriate in the circumstances to consult, by order appoint a day as the transfer day for the purposes of this section in respect of Bantry Bay Harbour and, with effect from that day, the Bantry Bay Harbour Commissioners are dissolved.

(2)(a) The Minister may, subject to paragraph (c) and after consultation with Bantry Bay Harbour Commissioners, the Port of Cork Company and such other persons (if any) as the Minister considers it appropriate in the circumstances to consult, by order appoint a day as the transfer day for the purposes of this section in respect of Bantry Bay Harbour and, with effect from that day, the Bantry Bay Harbour Commissioners are dissolved.

This is incorporated in this Bill, which was passed by Seanad Éireann. It copperfastens the Minister's authority to proceed and transfer the responsibilities of Bantry Bay Harbour Commissioners to the Cork harbour board. The section contains many hidden agendas but the transfer is a fait accompli.

An Oireachtas Member boasted that the insertion of the provision would underpin the principle of Bantry harbour authority operating as an independent authority. There is no reference to an independent authority in the legislation nor is there evidence of preserving the rights of Bantry harbour to have its own board, as it has had since 1976. The Member to whom I refer filibustered for seven hours in the Seanad and nothing resulting from his actions is incorporated in this section. Bantry's opportunities will be denied again.

As Bantry is 220 miles from Dublin, it is 220 times harder to create a job there. The public consultation process provided for in this section is a complete joke. Not alone is it not worth the paper on which it is written, it is not worth the paper that will be wasted going through this process. It took an Oireachtas Member five days of stonewalling and filibustering to have this worthless amendment accepted but he wasted his own and the Seanad's time, and he is fooling nobody.

I will table a number of amendments on Committee Stage to secure the independence of Bantry Bay Harbour Commissioners. The Bill has been described as a further nail in the coffin of Bantry harbour authority but, if the Bill is passed, the Minister will allow the harbour to silt up through neglect, lack of investment and the abandonment of the people of south west Cork.

Tourism is a major asset in west Cork. In the past, passengers on international cruise liners would disembark at Glengarriff in Bantry Bay. Let us hope the day is not too far away when the same will happen again and such liners will not have to visit a port that does not have its own independent authority. We cannot live on fresh air and cold water in west Cork but we can live if we are given the right and opportunity to do so. The Bantry Bay Harbour Commissioners must be retained. I will table amendments on Committee Stage.

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