Denis O'Donovan (Fianna Fail)

It is to do with both. It concerns controls, regulations and laws.

An important point was raised with regard to Cork County Council. I am subject to correction but I believe that approximately 12 years ago, a report made a number of recommendations with regard to Bantry harbour and one was that Cork County Council would take it over. At the time, I was a member of Bantry Bay Harbour Authority and we objected to being taken over by Cork Port Authority. A majority went for corporatisation by which the harbour would be independent and a minority, including myself, stated that in the event of anything happening we would prefer to be taken over by Cork County Council.

Lengthy talks took place and the assistant county manager for west Cork, Ms Theresa White, and her officials have established a liaison group with Bantry Town Council and the harbour with regard to the future of the harbour. We will remain concerned with regard to future licensing. The letter refers to Bantry Bay Harbour Authority being established in 1976 and this was because of the Whiddy Island disaster. I presume the reference to CPO capacities is to compulsory purchase order capacities and this also concerns me.

The letter from Mr. O'Callaghan states:

This Bill is currently going through the Seanad and the Harbour Authority have adopted a position whereby they are opposing the enabling provision in the Bill which proposes to amalgamate Bantry Harbour Authority with the Port of Cork. In that regard Bantry Bay Harbour Authority was established pursuant to the Harbours Act, 1976 and is a Port regulated and governed by the provisions of the Harbours Act, 1946. In contrast, the Port of Cork is a semi-State body governed by the provisions of the 1996 Harbours' Act.

The intent behind the proposed enactment of the 2008 Bill is to streamline the existing functions of the corporate ports, extending the limits of some of the ports, transfer certain provisions concerning CPO capacities from the Minister to An Bord Pleanála and provide for other "tidying up" provisions to enable the existing port companies to more efficiently conduct their business, raise loans, preparation of annual reports etc.

The letter, which is addressed to another member of the legal profession, continues to state that Mr. Callaghan's clients, Bantry Bay Harbour Commissioners, "are presently adopting a stance whereby they are opposing this Bill and, while they are seeking to exert as much political influence in this regard as they can, they also wish to explore their legal options and have requested me to inquire from you as to whether you are in a position to take a brief from them" with regard to the harbour authority taking a case against the State and prevent the State from doing what is proposed in the Bill.

There are other implications but my point is on regulation and whether Cork County Council will include this in its area plan or county development plan. This letter shows it is envisaged. My learned colleagues in the legal profession have pointed out to me that the Bill will transfer compulsory purchase order powers to An Bord Pleanála. What does this mean? It is of concern.

Not being parochial about Bantry Bay, this raises a broad issue. Does it mean that in the future we will have to deal with more than the Department of the Environment, Heritage and Local Government on environmental issues including coastal zone management and Cork County Council on local planning? As Senator Michael McCarthy pointed out, Bantry Bay has a tourism aspect and he also correctly pointed out that the fishing industry will be affected.

The Department of Transport is proceeding with the enactment of this legislation. However, another four or five Departments either do not care or have not been properly consulted. There should be a greater convergence of ideas and a more simplistic approach. I have a great fear of An Bord Pleanála. I spent the best part of 20 years as a councillor and I had war with An Bord Pleanála.