Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

I thank those Senators who contributed to the debate for the constructive manner in which they have approached the Second Stage of this Bill. We all realise the critical importance of the State's commercial ports to our economy and the vital role they play in facilitating growth and prosperity. The Minister of State outlined to the House his belief that this Bill will further enhance the commercial ethos conferred on our ports by the Harbours Act 1996 and will ensure they are positioned to respond to the challenges they will face.

Senator Ellis raised the issue of borrowing and asked who decides the value of the port assets. This is obviously an important issue. Fixed assets valuations are set out in the port company's audited accounts. Senator Ellis also raised the issue of port tariffs. They are set out by individual port companies and are an operational matter for the port companies under the Harbours Act 1996. Senators Ellis and Keaveney referred to co-operation with the Northern authorities. The all-island nature of the ports sector is well recognised by the Department, and there is close co-operation between the Department of Transport and the Department for regional development in Northern Ireland.

Senators Cummins, Ellis, Burke and others referred to the role of An Bord Pleanála and the compulsory purchase order powers conferred on it. The Bill transfers the Minister's powers to An Bord Pleanála but it does not confer any additional powers. Since 1996, only one such order has been made.

Several Senators referred to the issue of removing local authority representation from port company boards. The statutory performance audit of port companies in 2001 and the 2003 high level review of State commercial ports both concluded that the practice of statutory local authority representation on port company boards should cease. Local authorities do not nominate directors to the boards of other commercial State companies such as airports. There is a view that the presence of local authority representations may create the potential for conflict of interest. This could constrain the boards from pursuing tough commercial decisions and strategies.