Noel Ahern (Dublin North West, Fianna Fail)

The Senator has the luxury of being from west Cork and its beautiful countryside; he does not represent Cork South Central. It is fair to point out that no matter what way that decision went, there would have been a body of people frothing from the mouth and very unhappy. That is the way it goes; these matters are not perfect.

The Bill gives to An Bord Pleanála the functions that were previously held by the Minister with regard to compulsory purchase orders by port companies. From the point of view of the Department of Transport, that decision is consistent with existing legislation in regard to the compulsory purchase of land by the Dublin Airport Authority. My constituency on the north side is more urban but I received complaints over a number of years about how Dublin Airport or Aer Rianta compulsorily purchased land for runway extensions and so forth when the local authority was involved, so everybody was not necessarily happy just because An Bord Pleanála was off the scene. However, in recent years the powers that existed under the Air Navigation and Transport Act have been given to An Bord Pleanála to adjudicate on those compulsory purchase orders. Members referred to the compulsory purchase order powers of local authorities. Many local authority compulsory purchase order functions in respect of a number of roads Acts, water supplies Acts and housing Acts have been also transferred to An Bord Pleanála in recent years.

An Bord Pleanála is the appeals body for a number of areas and over time it is acquiring and building up a body of expertise and experience relating to the planning aspects of major infrastructural development. The view in the Department is that it is a logical step, given that we extended the powers of An Bord Pleanála to deal with compulsory purchase orders for the airport, to extend that same system to ports. It is a consistent decision and is in line with best practice. It simply gives An Bord Pleanála the power held previously by the Minister. I heard Senator O'Donovan's analogy about baking a cake, but An Bord Pleanála is the expert body. It is building up expertise and is the independent appeals board. As I stated, depending on one's point of view, it may get a decision right one week and wrong the next. If the Minister had the decision-making power, people would be giving out anyway.

It was stated this measure was a sledge-hammer proviso. I accept that doing business by compulsory purchase order is not necessarily the first approach of local authorities or others. Only one such compulsory purchase order was made since the enactment of the Harbours Act 1996. The powers the Minister has and which we are transferring to An Bord Pleanála allow for full public consultation prior to any decision on an application. The opportunity will exist to lodge an objection and there will be a full appeals process.

The power in question concerns only ports and not harbour authorities. From the Department's point of view, it is a very consistent decision. We are transferring powers to An Bord Pleanála, as we did with airports. It is a consistent, logical decision in accordance with best practice. Compulsory purchase orders are not used very often — it is better to negotiate and do business in another manner — but can be made on the odd occasion when deemed necessary. It is easy to complain about the body that must make decisions in this area, but it must be remembered An Bord Pleanála is building up expertise and is the independent appeals board. From our point of view, the proposal before the House is logical.