Results 801-820 of 4,700 for speaker:Noel Ahern

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: The Department wishes to bring the legislative provision for submitting companies' annual reports in line with the guidelines set out in the Government's code of practice for the governance of State bodies. The amendment came about on foot of a recommendation contained in a draft report prepared by the Department's internal audit section. Ports are currently obliged to submit their annual...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: First, there are no new powers in this Bill. It simply transfers powers previously held by the Minister to An Bord Pleanála. Let us be honest about this. In this House and in the Dáil there is much talk about the necessity to have appeals boards. People assert that a Minister or local authority should not make the final decision and call for the establishment of appeals boards. The...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: ——I often thought the local authority was off the wall. Everybody can have his or her opinion but, as in government and other areas, somebody must make the final decision. That is how it is. It is God, so to speak, in that it makes the decision and the rest of us will love it or hate it as a result. The Senator referred to the decision made about Cork port. Personally, I might regard...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: Yes, Waterford still has its links. I might have considered it a strange decision but there was another side to it. It was not the case that all the people in Cork wanted that decision. The port of Cork might have wanted it but there were very vociferous residents' groups with legal support who were ready to die in the ditches if it was given approval.

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: The Senator has the luxury of being from west Cork and its beautiful countryside; he does not represent Cork South Central. It is fair to point out that no matter what way that decision went, there would have been a body of people frothing from the mouth and very unhappy. That is the way it goes; these matters are not perfect. The Bill gives to An Bord Pleanála the functions that were...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: I do not necessarily like the role of standing up for An Bord Pleanála but I am sure in all those decisions in the Senator's constituency or any other constituency it takes into account the decision of the local authority and the development plan of the area. I presume the development plan would take account of many of the other issues about which the Senator spoke. It is the case that in...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: We had a reasonable discussion on this matter before lunch. As I said then, no new powers are being created in this section. The existing powers are being transferred from the Minister to An Bord Pleanála. The powers in question are clearly laid down in the Harbours Act 1996. We are not creating any new powers. Section 16 of the 1996 Act provides that a port company may "acquire...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: I need the guidance of the Leas-Chathaoirleach as we are debating the wrong section. This section does not remove local authority members from the boards. It reduces the number of directors from 12 to eight. The other issue concerns section 11.

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: I will speak in general terms. Senator O'Donovan is correct as the matter arises in section 11. Sections 8 and 11 refer to State commercial port companies and not regional harbour boards and are concerned with reducing the number of board members from 12 to eight in port companies. The port companies are the only State commercial bodies with such statutory representation at present. The...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: We are discussing commercial ports and it is true in the case of some of the smaller ones.

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: Some of them do not have many more than that. Dublin, Waterford and Cork are large but there is a big difference between Dublin and New Ross. The general view behind the recommendations to decrease the number was that it would lead to a more focused board. With regard to the other issue raised concerning local authority members, the two major reports on this matter, the statutory...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: No, we are discussing local authority members and not working directors.

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: No, we are discussing local authority members. There are no local authority members on Dublin Airport Authority, Cork Airport Authority or Shannon Airport Authority. The ports are the only commercial State bodies which have local authority members as of right. We are bringing the ports into line with other commercial State bodies. Local authorities do not nominate directors to the boards...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: It is a commitment he has given and that I am giving.

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: We are discussing ports and port companies, not smaller harbours around the country such as Bantry Bay. This section amends the power of a Minister to alter the limits of a company's harbour. It sets out the principles and policies to which the Minister should adhere when extending the harbour limits. Previously this was done by ministerial order and there have been a few court cases about...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: I have already said we will look at the matter again although having read my notes in more detail, I may have been rash in saying that. However, I have said it so I will stick by my promise. This is about providing for the principles and policies that a Minister shall have regard to when making an order to extend a company's harbour limits. I have a feeling that the amendment which Senator...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: We should take what the Senators have said section by section and amendment by amendment. Section 3, with which we are dealing, states this is necessary to take account of the court rulings in the Cityview Press and the Mulcreevy cases with regard to the power of a Minister to alter the limits of a company's harbour. This is what we are discussing. As I stated, the section outlines the...

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: No.

Seanad: Harbours (Amendment) Bill 2008: Committee Stage (22 Oct 2008)

Noel Ahern: The principles and policies to which the Minister shall have regard are listed in the Bill. When the Minister is making his or her decision, he or she may consider applications for planning which have been submitted, planning permissions which have been granted under the Planning and Development Acts and environmental impact assessments which have been carried out. Any such applications,...

Written Answers — Port Development: Port Development (21 Oct 2008)

Noel Ahern: I propose to take Questions Nos. 301 to 304, inclusive, together. I am aware that Dublin Port Company has made an application to An Bord Pleanála under the Planning and Development (Strategic Infrastructure) Act 2006 to reclaim 21 hectares, in order to facilitate proposed infrastructure development. While planning applications are operational matters for the port company, the strategic...