Michael McCarthy (Labour)

I thank the Cathaoirleach for the opportunity to speak on this important and controversial Bill. I welcome the Minister of State, Deputy Noel Ahern, who was in this House on many occasions during the last term in his various capacities as Minister of State. We had very robust debates with him and I always found him to be a very good colleague in terms of parliamentary debate.

This Bill is being introduced as it is considered necessary to give effect to certain aspects of the Government's policy as set out in the ports policy statement of 2005. The principal objectives of the Bill, as stated in the explanatory memorandum, relate to the Harbours Act 1996, which contains guidelines for port companies on the acquisition of land. It also addresses issues associated with the disposal of land. Other objectives are to provide for the transfer of functions from the Minister for Transport to An Bord Pleanála in the context of the compulsory acquisition of land by port companies and to alter the limits of Drogheda Port Company to facilitate the proposal to build a new port in Balbriggan. Amendments are considered necessary in this regard. Furthermore, there is to be provision for a clear legislative basis to underpin investment by port companies outside their current harbour limits. Finally, the number of directors in a port company is to be reduced from 12 to eight.

The first four objectives seem reasonably compelling in that they are to amend legislation that is limited in its current form. We can accept them. However, I wish to focus on the last expressed reason for the legislation, that is, the reduction from 12 to eight of the number of directors in a port company, as provided for in section 11. I am very disturbed by the Minister's motivation in this respect. The reduction being proposed is at the expense of three local authority members and the user representative.

The Minister of State, Deputy Noel Ahern, was in the Department of the Environment, Heritage and Local Government and will have debated the role of elected councillors in local authorities. We have debated their resources and limited functions. By and large, the Members of this House are elected by members of local authorities throughout the country, with the exception of the six Senators from the National University of Ireland and Trinity College Dublin and the 11 Taoiseach's nominees. The majority of us have served on county councils. I was very lucky and honoured to be elected to Cork County Council at 22 years of age. I served as vice chairman of the full council and as chairman of its western division on two occasions. The majority of councillors are hard-working, decent people. We are all well aware of the unlimited number of hours they devote to their work as members of local authorities, the sacrifices they make and the limitations to their role.

On several occasions in this House, I have pointed out what I believe is the democratic deficit that currently dogs local government, namely, the difference between the reserved function and the executive function. Those who are members of local authorities have a reserved function, which means they can recommend to council that a certain course of action can be taken. Of course, the executive function, the real decision-making power, rests with county and city managers. If we are serious about local government reform, we must address this anomaly in the system.

This brings me to the matter at hand. I cannot understand why any Government would want to see local authority membership wiped from the boards of the ports throughout this country. I cannot understand why the Government is so intent on taking away functions from local authority members. If we have learned anything from attending councillors' conferences or from being councillors, it is that councillors want more powers and real input into local government. They do not want to be told that the power to set a rate collection charge is being taken from them and given to the manager. They are now being told to skedaddle from the boards of the ports, which is not good enough.

This view is held on both sides of this House. To be fair to Government Members, they are here to support Government legislation. However, the Minister and the Government would do well to listen to the points of view expressed by Members of all political persuasions in this House. We are speaking from experience. We have consulted with colleagues in local government, who are seriously concerned with the manner in which the Government is dealing with this issue. I cannot understand it. I hope the Minister takes this argument on board.

The Minister for Transport is a former Minister for the Environment, Heritage and Local Government. He first flew the flag in regard to the abolition of the dual mandate and, as he has served on a local authority, he is acutely aware of the faults and failings of local government. He is also aware of the manner in which councillors are expected to carry out onerous tasks while not being well remunerated or afforded the proper democratic right to exercise functions, despite the trust placed in them by those who have elected them to local authorities. This is an issue of which we must by fully cognisant.

I appeal to the Minister of State, Deputy Noel Ahern, to carry the message back to the Minister, Deputy Dempsey, that he should drop this ridiculous idea. I understand there is an argument, based on reports, that this should be the case but the democratic views of the Members of this House need to be taken into consideration.

Worker representation takes a hit and will be confined to one representative. My party will oppose this move, particularly in regard to local authorities and worker representatives. We would not be doing our job properly if we did not do so.

Amendments under section 11 are supposed to reflect the provisions of the ports policy statement of 2005. While that statement indicates that 12 members is considered to be excessive, which we accept in the spirit in which it is intended, it does not make any recommendation as to what the lower number should be. The smaller number might be ten rather than eight. Where did the Minister get this figure? Why is he going beyond what is stated in the ports policy statement of 2005?

The ports policy statement recommends a reduction in the number of local authority members from three to one. This amendment appears to reduce the number to zero. Will the Minister of State clarify whether this is the case and outline the thinking behind this amendment? If the answer to these questions is that the Minister is indeed going beyond the ports policy statement, why is he doing so, and why is this particularly the case with regard to local authority membership? Is the Minister ideologically opposed to having local authority members on boards? If the answer is "Yes", it begs the question why this is the case and whether it is party policy.

From discussing the Bill with some Members opposite, I am aware there are those on the other side of the House who are particularly supportive of the points I make in this regard, although they are constrained because they are on the Government side. I ask the Minister of State to listen to the democratic wishes of his own party.

I would expect the Minister of State to answer the following questions. Why is the Government so determined on this provision? From where does it come? Whose agenda is it? Is it ideological? What is the thinking behind it? Has the Minister of State consulted the grassroots of his own organisation? Has the Minister consulted the various council representative groups? Has he consulted councillors in his own party? If the answer to all of these questions is "Yes", did any of those organisations share the view that Government should reduce local authority membership on these boards?

A fundamental part of our local government system is those who come through it. Those who are successful in local authority elections are representative of their community and bring a fundamental part of democracy with them to the council chamber, the health boards of the old system, the VECs and the ports. I know many councillors who have served the port of Cork. I have served on it and have ratified appointments to it, and know the councillors are fine, decent people and a good conduit between local government and the outside bodies to which they have been appointed. I see no compelling reason they should be removed from the board.

I am aware Members opposite cannot directly oppose the Minister on this issue. However, while I look forward to hearing the Minister of State's reply, if the Minister refuses to budge from his position I would appeal to Members on the other side of the House to approach him privately to beseech him to listen to common sense in this regard. I am certain our electorate have a view — I am speaking with regard to those Senators who have been elected because of the support of members of county councils from Donegal to Cork and Dublin to Galway. We will oppose this section and I have no doubt Fine Gael will do the same. I earnestly ask Members on the other side of the House to stand up and be counted on this issue.The Minister can do what is legally necessary. He can make the changes that are definitely needed, but he does not have to do this at the expense of local democracy and local government.

Section 18 has serious implications for Bantry and west Cork. Bantry Bay Harbour Commissioners has substantially funded the new slipway at Whiddy Island and is now involved with the one proposed for the mainland beside the Abbey cemetery in Bantry. The commissioners also purchased the old railway pier foreshore rights from Bantry House for the full market value and own and control the existing pier. Bantry Bay Harbour Commissioners made a profit each year since 1996 except 2004. Conoco Phillips is the company involved in the facility on Whiddy Island and it looks likely it will invest substantially in that facility to repair and refurbish oil storage and other facilities.

To be parochial, the Bantry Bay Harbour Commissioners has unanimously on several occasions rejected proposals for a merger with or takeover by the Cork port authority. Solid assurances were given by the Minister, Deputy Dempsey, on many previous occasions that any decision would be based on consultation with the people concerned. A letter sent by the Minister last month to the chairman of Bantry Bay Harbour Commissioners, Mr. Aiden McCarthy, refers to a letter sent by the harbour authority to the Minister outlining its concerns. The Minister gives an assurance in this correspondence that any decision the Government would make in this regard would only be made following consultation with the people involved. I regret to add no such consultation was entered into with the people concerned before this legislation arrived at its current stage.

I appeal to the Minister to leave Bantry port alone. It is financially capable of operating on its own basis and we do not need it to be subsumed into the port of Cork. This view is held unanimously by Bantry Town Council and Bantry Bay Harbour Commissioners and it is also a view held by other Oireachtas Members for Cork South-West. I urge the Government to listen to us. If there is an insistence in this regard on the further Stages of the Bill, I will oppose it.