Joe O'Toole (Independent)

I would like to pick up on the points made by Senator O'Sullivan. This is a classic example of how the Upper House works and how the Lower House cannot operate. The Lower House could not have done what was done here because it would not have been given the time. If Senator O'Donovan was a Member of the other House, he would not have had the opportunity to engage in that level of argumentation and the Bill would not have received such scrutiny. Not that any journalists will be listening to this debate, because it does not suit their story at the moment, but this Bill will have been changed more by this House than it will be by the Lower House. The same applies to recent Bills initiated here.

At a time of recession and economic problems and where the Lower House has clear and prior responsibilities in regard to matters monetary and financial, the scrutiny of legislation is very important. It is a time, above all other times, when a second House is crucial.

It is correct to say this could not have happened in the other House. It is another example of the need for this type of scrutiny of legislation and of what can only happen in the Seanad. I am not saying this in any demeaning way but to use long-winded argumentation, which has always been part and parcel of the political process but which has been lost in many parliaments in Europe because of other matters crowding in on their time, shows the need to make haste slowly in the development of legislation.

I offer my congratulations to Senator O'Donovan for taking a courageous, isolated and lonely line. We all offered him support as the Bill progressed but he chose a difficult trek. It will also give to the people of Fenit and Bantry a certain sense of confidence in Seanad Éireann and a sense that things can get done here to protect local communities and local democracy which cannot be done elsewhere. I would like that message to go out.

In the midst of the current debate, Senator O'Donovan has done some service not only to his own community but to the political structure and the bicameral system of parliament, as outlined in Bunreacht na hÉireann. These are important points to make at this time. These are precious things which need to be developed. It might not make any great difference in Dublin 4 that Fenit and Bantry have asserted their independence today but for those of us who take an interest in all the people all the time, we should recognise this as a good job of work.

Practical issues were raised by Senator O'Donovan. I have taken my boat in and out of Bantry and Fenit harbours and I support the points he made. He said silting was a particular problem in Bantry. He said there was 2 m of silt, which means only 20% of the pier can be used in low water. That is also an issue in Fenit. The Tralee Canal goes from Fenit to the basin in Tralee and it is highly silted at present. Like Bantry, Tralee Bay goes into a corner and silt builds up. It is very tricky to navigate through. That is an issue because, like La Rochelle and Dingle, for example, Bantry and Fenit harbours have a dual role, namely, leisure and business. That requires local knowledge. It is only when a fisherman gets a bit tetchy about a guy in a small sailing boat getting in his way as tries to land his livelihood that one realises one must have local rules. These are important areas for the development of our tourism industry. We need people who want to attract local industry to be in charge.

I refer specifically to the Government amendments. These will enhance local decision-making and respect local culture. They are an adornment of local democracy and self-determination. Senators McCarthy and O'Donovan are correct that this does not change the power of the Minister to remove the commissioners. It would be a very foolish, stupid and misinformed Minister who, in the light of the debate which has taken place, would take such a regressive step at this point. As somebody who has spent most of his life at a negotiating table, I take it that this was a sort of halfway house outcome which allowed both parties to emerge with dignity and which delivers. In that regard, it is important.

It is also hugely important that water sports are developed. Seven or eight years ago when the previous Harbours Bill establishing the Shannon Foynes Port Company was before the House, I tabled an amendment that it should be called the Shannon Foynes Ballylongford Port Company but the Government would not accept it. There is another pier in the Shannon Estuary, Saleen pier, which has silted up. It is only navigable in high water at this stage. These are important issues to local people. We need to ensure we give local people a sense of self-determination so they can make things happen for the local industry to make it more attractive to tourists and more inviting to people with boats.

Cork and Kerry have been to the fore in providing facilities to attract people. They are the furthest away from the boating populations of Britain and Europe but they have put in extraordinarily good harbour facilities all the way from Youghal to Fenit which should be continued all the way up the coast. This is a good example of local politics being enhanced by national politics and of a public representative using national politics and the Upper House of Parliament to deliver for his local area. It is a good day's work for the local communities in Kerry and Cork and for politics. It is a fair reflection on the proper work of public representatives at a time when trust and confidence in public representatives is at an all-time low and cynicism in the operation of Parliament is fed by media outlets all over the place. I congratulate Senator O'Donovan on at least inching forward a positive debate in that area.