Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

​The drafting of the Harbours Bill 2015 is almost complete and I will be seeking Government approval very soon to publish the Bill. The Bill will provide the legislative basis to one of the national ports policy's key recommendations, namely that governance of the designated ports of regional significance vest in more appropriate local authority-led governance structures. As the Deputy is aware, the five ports of regional significance are Drogheda, Dún Laoghaire, Galway, New Ross and Wicklow.

The Bill is designed to provide maximum legislative flexibility. It will not prescribe the model of transfer but will allow for the most appropriate model of governance in respect of each individual company to be chosen. The optimal  manner of transfer is one which finds broad consensus and agreement between parties. The actual transfer of the companies will be made under later statutory instrument.

The two models of transfer will be the retention of the existing company structure and a transfer of the Ministerial shareholding in the company; or the dissolution of the existing company structure and transfer of all assets, liabilities and employees into local authority structures. Where the company structure is retained and the shareholding of that company transferred to the local authority, the Bill will provide for the amendment of the existing Harbours Acts to reflect that transfer. Obviously, under this type of transfer there is a need to ensure the appropriate balance between the freedom and requirements of a commercial port and council oversight. The Bill will specify the differing roles of the executive and the elected members of a council in this type of arrangement. As an example, the Bill will contain a section requiring chairpersons and CEOs to appear before the elected members to give account of their administration of that company if invited to appear by the elected members. Obviously under the other method of transfer, the company is dissolved and the port will be administered as a functional area of a local authority.

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