Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

While the policy statement of the ports was published in January 2005 envisaging the reduction of local authority representation from three members to one, we felt it was necessary to remove local authority representation by right in order for the port companies to be seen to operate on a fully commercial basis. I have no doubt this issue will surface on Committee Stage.

Senator McCarthy spoke about the reduction of employee representation on port company boards. Two employee directors may be elected to the board, which is currently the case in just three of the ten companies, namely, Dublin, Cork and Shannon Foynes.

Senator Cummins and Senator Keaveney raised the possibility of the Bill providing for future amalgamation of port companies. While the Bill does not provide for any initiatives in this regard, it is evident that existing legislation provides enabling powers for amalgamation of port companies should that course of action be identified as the most appropriate for the companies in question.

A few Senators spoke about the transfer of Bantry Bay and Tralee and Fenit harbour commissioners to port company control. It is an issue that will be raised again on Committee Stage, but the Bill will allow for three potential courses of action for these harbours. There will either be a transfer of control to the relevant local authority, the establishment of a private company in respect of the harbour, or a transfer of control of the harbour to the relevant port authority.

With regard to the compulsory purchase order provisions that were mentioned, ministerial functions under the Fourth Schedule have been exercised only once since the enactment of the 1996 Act. It is worth stating that An Bord Pleanála has, pursuant to the Planning and Development (Strategic Infrastructure) Act 2006, become the determining body in respect of planning consent for strategic infrastructure developments at the commercial ports. It would make sense, therefore, that it also would become the determining body regarding the adjudication of applications for the compulsory acquisition of property as described already in the Bill.

Senators Keaveney, Boyle and others made reference to the fact that the port companies should be looked at in the context of an overall freight transport policy for the whole island of Ireland. It is worth stating that a port capacity study was carried out in 2006 which received detailed submissions from seven ports in regard to increasing utilised capacity. Iarnród Éireann has undertaken extensive engagement with the industry and port authorities but has had genuine difficulty in identifying business opportunities that offer reasonable volumes of business which could be utilised on a regular basis.

Substantial ongoing current and capital Exchequer investment is being made in the development and operation of the railway network as one of the measures to encourage rail freight business. In addition, rail freight has been fully liberalised since 1 January 2007. While no serious representations have been made to date to the Department of Transport by private rail operators for entry into the market, the Minister would welcome any expressions of interest in this regard.

Senators raised other issues in their contributions but I have endeavoured to cover them as best I can. I thank Senators for their contributions and look forward to Committee Stage when many of the issues raised will be discussed further.