Dáil debates

Wednesday, 2 December 2015

Harbours Bill 2015: Report and Final Stages

 

4:35 pm

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

I do, a Cheann Comhairle.

I thank Deputies for the various comments and points they have made. I will begin with what Deputy Richard Boyd Barrett said about his amendment to which I will speak directly. I am not in a position to accept the amendment. I will respond to the comments of Deputy Mary Mitchell O’Connor. The reason for that is a due diligence process is under way and it is only after the process is complete that the Minister of the day will then make a decision regarding the appropriate model. It is not effective or appropriate before the process is complete to remove the power of the Minister to make a choice.

Regarding Deputy Richard Boyd Barrett's contention that if kept as an entity within the local authority structure, it should be separate. The single shareholder will be the local authority. I cannot understand how the Deputy can level the claim that they will be separate entities if the single shareholder will be the local authority. We come back to this issue time and again. I contend that the method of integration of the harbour into the local authority structure is as comprehensive as is possible. It will be the single shareholder when the Bill is passed and the relevant provisions for that harbour are enacted.

I refer to the points made by Deputy Mary Mitchell O'Connor on the status of Dún Laoghaire Harbour and acknowledge her long-standing interest in its future. She has consistently raised matters with me privately and on the floor of the Dáil by way of the Topical Issue debate regarding developments. She asked whether a due diligence process was being undertaken. It is under way. What will happen once that process is complete feeds into the next question she asked about who will decide what the method of integration will be. When the process is complete, that report is shared with the Minister and other relevant parties. Following that, the Minister of the day will then make a decision regarding the method of integration. That leads on to the Deputy's next question about where the liabilities, pensions and salaries of the harbour company will sit. The answer to that question is that they will sit with the local authority.

Deputy Mary Mitchell O'Connor asked what would happen if the revenue stream from Dún Laoghaire Harbour Company was not sustainable and whether it would have to be resourced directly from Dún Laoghaire-Rathdown County Council. I am not in a position to answer that question specifically but I can give the Deputy the general answer which is that the revenue stream of that harbour company would be part of the revenue stream of the local authority into which it is integrated. That feeds back to a point I made earlier that this would then be part of the vote of local authority members. Would that, therefore, impact on funding and tax-raising choices that a local authority would make? The answer to that question is "Yes" but they will be subject to the normal legal provisions regarding the way funding is discharged to entities that may be involved in commercial practices. There is clear law regarding that with which I have dealt. The revenue stream for the port and harbour would be part of the revenue stream of the local authority unit.

Deputy Mary Mitchell O'Connor asked what the new specific oversight functions with respect to the Bill will be and whether I can be assured there will be financial accountability. She also asked about the status of audited accounts. There are a number of parts to the answer to those questions. The point I made earlier regarding the financial consequences and accounts of that harbour will be part of everything the local authority will need to consider. What new oversight functions will it put in place? If a new chairperson is being appointed, he or she will have to appear before the members of the local authority. The chairperson and chief executive will be subject to invitation and questioning from members of the local authority, as would be the case with many other corporate offices within a local authority structure, with which the Deputy is familiar. The Deputy also asked me about the accounts. The accounts will have to be laid before the local authority which would then open up opportunities for questions or matters to be raised.

These are new oversight functions with respect to the Bill. My Department will still be involved in matters relating to that. The Bill continues to give the Minister of the day powers to issue directions, but these directions are targeted at a number of particular areas, particularly with regard to the implementation of national port policy as well as any matters regarding maritime or navigational safety. If I have missed any of the questions the Deputy put to me, I am sure she will come back to them.

As Deputy Patrick O'Donovan so eloquently put it in regard to the thrust of this Bill, it did not fall out of a cabinet drawer in my Department. That is exactly the case. This Bill is a consequence of set policy. It fits directly into policy choices the Government and I have made. Specifically, regarding ports of regional significance, it looks to underpin the governance model for those ports within the law of the Oireachtas. It is congruent with the national ports policy the Government has championed. As the Deputy said, it looks to recognise that each port and harbour has a role to play but due to size, location and previous performance, those roles can be different. That is what this Bill is all about.

I thank Deputy Patrick O'Donovan recognition for the national capital plan. I have been very clear in regard to the principles I have articulated regarding how we should spend scarce future capital funding. I strongly believe it should be used to link up existing pieces of economic infrastructure with our national road network which is the reason I recognised that in regard to the N69. It is also the reason I played a role in allowing Shannon Foynes Port Company to access funding to consider how a rail link in terms of freight could be developed at some point in the future and to put in place the funding for a feasibility study in regard to that kind of work. We need to explore all the options to see how our ports can be better linked up with the national road network. That also informs the recognition I have given in regard to future access into the Ringaskiddy area-----

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