Sean Barrett (Independent) | Oireachtas source

I move amendment No. 8:

In page 10, between lines 7 and 8, to insert the following:“(4) The Minister shall, after consultation with the Minister for Jobs, Enterprise and Innovation, give a direction to a Port Company to report on the implementation of the Competition Authority Report on Competition in the Irish Ports Sector (2013) in particular in respect of the vital need for intra-port competition and shall report on these matters to both Houses of the Oireachtas.”.

Section 10 deals with general ministerial powers of direction. The amendment proposed is an invitation or an offer in spirit to assist if the Minister thinks the general power of direction would be useful to him in the discharge of his duties. In addition to the other directives the Minister may issue on the development of harbours, navigational safety, security, operations generally in harbours and other items, having consulted with the Minister for the Environment, Community and Local Government and the local authority, the amendment would allow the Minister to give a direction to a port company to report on the implementation of the 2013 report of the Competition Authority on competition in the Irish ports sector, in particular with regard to the vital need for intra-port competition, and require him to report on these matters to both Houses of the Oireachtas. It is a power which would strengthen the hand of the Minister in trying to ensure efficiency at ports.

On file is a letter to Ms Isolde Goggin of the then Competition Authority, dated 11 August 2014. The letter stated that the Minister was looking at the authority's recommendations on leasing and licensing of Dublin lo-lo terminals and stevedore licensing. On the first matter, the Minister said, "It is not one in which I as Minister have any role". Over the page and on the second matter, the Minister stated: "The statutory functions of port companies are not areas in which I as Minister have any role." Will they do it without the Minister pushing? Will those necessary competitive gains, as documented very well in a very long report by the Competition Authority, be made? That is why I tabled the amendment. If the Minister thinks it enhances his control of the ports sector, would he wish to add improving efficiency as recommended to the matters in respect of which he has a power of direction? Would it just lie there or does it fit in with his remit as he sees it in running ports? If it is, I will hand it over as the Minister's amendment. It does not necessarily have to go as far as mine. It would complement the package and what the Minister is trying to do. My fear is that reports gather dust. Obviously, the people who are benefiting from restrictive practices and arrangements are not going to get up one morning and say, "Let's all implement the competition report". Is this power of value to the Minister? That is the spirit in which it is offered.