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Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I am satisfied with the way in which the legislation is drafted. Under local government legislation, it is the elected members who set the policy of the local authority. Therefore, any direction relating to local authority policy would be in respect of a decision of the elected members. The fact that the direction in writing issues from the pen of the local authority chief executive...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I thank the Senator for raising a number of points. Neither transfer forms part of the immediate policy horizon. However, the opportunity is being taken to provide that the legislative basis will be in place should a decision be taken in future. The Bantry Bay Harbour Commissioners were dissolved in 2014 and control of the harbour transferred to the Port of Cork Company. This decision was...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: As the port is in private ownership, having been sold in 2014, it would not be appropriate for me to comment on how it is performing.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: That is correct. As the Bill relates to the large number of ports that are owned by the State, it would not be appropriate to comment on Greenore Port as it is not owned by the State.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: No.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: It is in private ownership.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: No, it is fully privately owned.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I agree with Senator Barrett on the need to have a wide board with honest experience regarding management of harbours. However, the Bill already provides for the kind of skill set the Senator is looking for. The language used in the Bill refers to wide experience and competence in maritime transport services. The role of harbour management is clearly contained within that language. These...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I thank Senator Craughwell for doing that. Reference was made to my patience but it is just me in front of the House, respecting the work done by Senators and justifying what I believe is the right approach to take for the Bill. I look forward to spending some hours with Senator Craughwell continuing this work on Friday, if he feels it to be appropriate. I appreciate where he is coming...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I do not believe there is an anomaly at all. The Senator will have to explain it to me again. I wish to make it absolutely clear that this Bill will provide for appropriate separation between the board of directors and local authority members while giving local authority members more say in the oversight of the port company.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: The logic is clear. It is a company.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: No, it is not.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: It is not. The difference is that if it is incorporated as a company, it is a company under company law.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: No. If it is integrated into the local authority, it is no longer a company, there is no board of directors and the local authority members will have their say in the operation of it. We have agreed that.As for the reason, if it is then brought in as a company, there would be directors of the company. Does the Senator agree with me on that point?

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: My point is that it would not be appropriate for councillors to be directors of that company.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: It would lead to a position in which the accounts of that company would be laid before the local authority of which those directors were members. That is why.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: I believe they do.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: Of course we can agree to disagree. It also is worth stating to the Senator that I set the policy in these areas. While I listen to what my officials say, ultimately it is my responsibility and it is a responsibility I take extremely seriously. Any comments in this regard always should be addressed to the Minister with whom the responsibility sits. I am making this decision-----

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: The Senator is addressing them to me. I am making this decision because I believe it is the right thing to do and I am standing by this Bill and the way in which it has been drafted. The reason I do is because there is a fundamental difference between a local authority member being a director in an organisation, which of course they are entitled to be, and being a director of an...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Paschal Donohoe: The potential conflict of interest to which I draw the Senator's attention is a scenario in which the financial accounts for a commercially-trading company are being laid before the local authority of which the director is a member. To my mind, this clearly is a potential conflict of interest, which is why I believe this is the correct approach to take. As the Senator will be aware, it is...

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