Noel Ahern (Dublin North West, Fianna Fail)

We had a reasonable discussion on this matter before lunch. As I said then, no new powers are being created in this section. The existing powers are being transferred from the Minister to An Bord Pleanála. The powers in question are clearly laid down in the Harbours Act 1996. We are not creating any new powers. Section 16 of the 1996 Act provides that a port company may "acquire compulsorily any land" in accordance with paragraphs 1 to 6 of the Fourth Schedule. The legislation in question sets out the process for such an acquisition and specifies the powers in question. It requires full public consultation to be undertaken and provides for objections to be made. We are not creating any new powers. We are simply transferring responsibility for the existing process, which is provided for in the 1996 Act, from the Minister to An Bord Pleanála. From the point of view of the Department of Transport, that is a fully logical and consistent approach. The same thing has been done in respect of airports. It seems logical to treat ports the same as airports.

The foreshore issue that was raised this morning is being considered by the Department of Agriculture, Fisheries and Food. The transfer of the power to initiate a compulsory purchase will not have any impact on the Bantry Bay proposals, which are under discussion. The powers relate solely to the compulsory purchase of land for State commercial port companies. The powers that currently are exercised are listed in the Fourth Schedule to the 1996 Act which sets out the process I have mentioned. They can be used at any time but have been used just once in the 12 years in which they have been in existence. We are not creating any new powers. We are simply transferring the power to administer the existing rules, regulations, conditions and processes from the Minister to An Bord Pleanála. I am not inclined to agree with the point being made by the Senators. I do not see any need to refer back to them.