Joe O'Toole (Independent)

I thank the Minister and his officials for doing fine work on this but there is one issue I wish the Minister of State to consider that may have been raised with him previously. Upon examining section 16 concerning authorised officers, it occurred to me that there is specific reference in all other legislation to the role of the harbour master. As both the Minister of State and I know, the harbour master is crucial to the general operation of harbours in ensuring the implementation of Acts.

I have received representations about a difficulty arising from this Bill because harbour masters are not specifically mentioned. I ask the Minister of State to examine this matter with a view to determining whether further work is needed before it is introduced in the Dáil. A risk concerning certain ambiguities surrounding the role of the harbour master or the dilution of this role by the Bill exists, in particular where the harbour master is appointed by some form of harbour authority and must have his or her position sanctioned by the Garda or the Minister. There are problems of transition that may just be housekeeping, which can be dealt with quickly. I have not examined this Bill in great detail but there may be more significant problems.

Our harbour masters are referred to in all relevant legislation, from primary legislation to by-laws. I fear that a smart Alec will challenge the harbour master's role and find we have left a gap in the Bill. This is my residual worry. The harbour master is recognised internationally as the appropriate person for the role. If one arrives in a port in the Mediterranean, the south of England or the west of Ireland, the person in charge is the harbour master. A harbour master is appointed by local authorities to manage harbours under their jurisdictions and by-laws. Rosslare, where the local authority appoints the harbour master, is another example of what I am talking about.

Does this legislation have an implication for the Sea Pollution Acts, the Waste Management Acts, European directives or the role of the harbour master? It is important to put this on the record. The Minister of State and I have trust and confidence in the fantastic work harbour masters have done around the country. Is it not important to underline and reinforce their authority and our trust and confidence in them by having them mentioned in the Bill? This significant legislation will be welcome.