Denis O'Donovan (Fianna Fail)

I have grave reservations as to what might occur if these provisions are accepted. Recently, the Cork Port Authority, with the support of Cork Chamber of Commerce and Cork County Council, proposed to build a major transhipment container facility in Cork Harbour. Such a facility would be welcome in the south. The proposal was referred to An Bord Pleanála which rejected it, in essence, claiming the plans were overambitious.

In my travels I have met with people from Hong Kong and South America who never could understand why the south, adjacent to the greatest shipping lanes in the world, did not have a greater capacity for dealing with container shipments. I recall when the Whiddy Island oil facility closed down in Bantry, it was suggested it be developed as a container port but nothing came of it. The movement of goods across the world by sea is on the increase, not only from North and South America but from the developing Chinese economy.

The first opportunity to develop a port for major capacity in the south was recently shot down by An Bord Pleanála. At a time when the economy is contracting, we must grasp these commercial nettles and be proactive in developing our ports and harbours. In case I am accused of having something personal against An Bord Pleanála — maybe I have — a grave mistake was made in the 1970s when certain planning powers were taken away from the Minister. Some claimed these powers were politically abused and as a result An Bord Pleanála was established. As a public representative active in politics for 23 years, I have no sympathy for An Bord Pleanála. Whenever I hear an application is with it, a shiver goes down my spine because the result usually ends up the wrong way around.

Section 7 concerns compulsory purchase orders. Those also raise serious issues. CPOs can be like using a sledge-hammer to crack a nut. It is proposed in the Bill that the power to deal with such matters would be taken from the Minister and given to An Bord Pleanála. I have serious concerns about this. Frankly, my concerns would not be as deep as those on other sections of the Bill. However, I would have grave worries and I am glad that Senator Cummins has raised this.

Perhaps the Minister of State in his response would outline the precise position. The Bill is vague on it. One would want to be a mathematician and one of the top officials behind the scenes in the Bills Office preparing Bills to understand section 7. The section contains a plethora of sections and subsections, etc.

If I am correct — the Minister of State can enlighten me further — we are throwing away the baby with the bath water because every power possible is being given to An Bord Pleanála. In this regard the section refers at length to the Planning and Development Act 2000 and to transfer of certain ministerial functions under the Harbour Act 1996. I refer in particular to subsection (2), paragraphs (c), (d), (e), (f) and (g).

My concern here relates to the powers of the Minister. I have difficulties with Ministers, sometimes even with my own Ministers although not with the Minister of State, Deputy Noel Ahern, who is a gentleman.