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Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: Absolutely.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: That is a good point. My reference to "bona fide" was partially in anticipation that the Minister might say that any person could call himself of herself a stakeholder. I put it in in an attempt to smooth the way for the Minister’s agreement. It is a tactical amendment.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: Fine, but we are midway through the Bill’s passage through the Oireachtas. If the Minister asked me to take out the words "bona fides" to make him happy and then hammer out the finer detail of who would be the genuine stakeholders at council level, I would be very happy. The key point is that stakeholders declared their hand at the hearing. We could draw up the list quickly now.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: The Minister asks a reasonable question. I am very much in favour of strengthening the powers of local authorities. Whatever authority they have, however, is limited by the money available to them, but that is a different matter. I think there was a misunderstanding in our engagement on the parliamentary question this morning and perhaps the Minister has not had much of a chance to...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: In that case, the Minister will know this because amendments Nos. 5 to 13, inclusive, have the same wording; they seek to replace every single reference to the “local authority chief executive” with the proposal that it be the elected council "in consultation with the Stakeholder and Community Group”. The amendments propose to take the decision-making process out of the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: Of course, I believe he or she should play a role, but that role should be set out by the elected members in consultation with the local community. We are all familiar with the difference between reserved and executive functions, the reserved functions being those elected councillors have in a local authority, with the executive functions being those of the unelected directors and managers....

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: Absolutely. If any of the groups seeks to participate in the stakeholder group, it should have to elect people. That is why I mentioned the earlier stakeholders group, in contrast with the reality, that the former CEO handpicked the stakeholder group.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: We genuinely seem to be at cross purposes because I cannot underline strongly enough that what I am proposing - it is very clear in the wording - is vesting power in the elected members. The amendment includes the words “in consultation with”. That is what I am proposing. The Bill, largely but not exclusively, gives decision-making power to the manager, not the elected...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: I am sorry, but I would like to raise one other issue before the Minister replies. It is the role of primary legislation to set broad parameters. In other words, the finer detail of how the stakeholders would be decided should be agreed to by the elected members, which is what I propose. If the Minister believes from a drafting point of view that we need to slightly amend the wording to...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: If at the beginning of Committee Stage, I did not say what I have said in Dáil, let me now say that the broad thrust of the legislation represents progress. Let us not be at odds with one another because it is a welcome development that these harbours will come under the remit of local authorities. That is a step in the right direction. There is no question about that. However, I...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: I know this has gone on for a long time but I would like to respond briefly as we are finishing on the stakeholders' group and will be dealing with other specific matters later. I will refer to one example in the Bill. I welcome the role councillors will have but that is if it is part of an integrated whole rather than a corporate subsidiary. In the case of Dún Laoghaire, of the two...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: That is no problem. I will give an example of the effect of my amendment on a specific area where currently the power is in the hands of the CEO. Section 6 deals with the temporary appointment of additional directors. In the Bill, as drafted, the Minister may in respect of the company appoint additional directors and the Minister may consult the chief executive of the local authority. I...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: We can have the vote on Report Stage because I know the Minister is going to take on board what I have said.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: I move amendment No. 2:In page 8, between lines 17 and 18, to insert the following:“(3) This section shall not apply to Dun Laoghaire Harbour.”. This amendment follows on from our earlier discussion. As set out by the Minister, the Bill has two options for these harbours. This amendment seeks that there would be just one option for Dún Laoghaire. The first of the two...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: The Minister has said that the amendment I proposed pre-empts his decision and I fully accept this to be the case. It asks him to make the decision by the time the Houses complete their consideration of the Bill. It is in the Minister's power to make the decision but this matter has been debated at length for a long time. We have conducted extensive engagement at some of the biggest public...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: The phrase "promptly thereafter" is a little vague. It would be helpful for a number of reasons to inform the context in which we will be operating for that decision to be made relatively soon. In a way, I welcome the fact there are several weeks, or maybe a couple of months, to go, given that people will have the opportunity to make their views known to the Minister. The Minister is...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: It should be State run because sailing would not just be something for people with a lot of money who can afford membership of yacht clubs. The facility could be opened to the people in the region and wider area so they could learn how to sail and about boats and the sea. Would it not be fantastic if every school in the Dún Laoghaire–Rathdown County Council area had the option...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: On a point of order, are we speaking to the amendment or to the section?

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: I have no problem with what is being said, by the way. I think people should have a chance to ventilate their stuff. I am just curious.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Harbours Bill 2015: Committee Stage (11 Nov 2015)

Richard Boyd Barrett: I have a serious point of order. I accept that the Deputies have the right to make these points. It is important that they get an opportunity to debate this issue fully. I do not mind how long they debate it for because it is obviously important to them. However, I would like to say as a point of order that this debate has absolutely nothing to do with the amendments we are dealing with...

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