Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I thank the Senator for raising a number of points. Neither transfer forms part of the immediate policy horizon. However, the opportunity is being taken to provide that the legislative basis will be in place should a decision be taken in future. The Bantry Bay Harbour Commissioners were dissolved in 2014 and control of the harbour transferred to the Port of Cork Company. This decision was taken to ensure the highest standards of safety given that the harbour contains Whiddy Island oil terminal. The expertise of the Port of Cork Company is overseeing and managing the arrival and departure of some of the largest ships calling to Irish waters. It was for this reason that control was vested in the company. However, if at some future point, there is no longer commercial activity at Whiddy Island oil terminal, the rationale for the Port of Cork's involvement with Bantry Port ceases. Control of the harbour should then vest in the local authority given its role in promoting local and regional development and managing the public realm generally. The transfer envisaged is not that an entity will transfer but that an actual physical place will transfer to ensure that a statutory body is entrusted with its care and management.

Senators will recall that in 2011, Dundalk Port Company was dissolved and its functions transferred to Dublin Port Company. That decision was taken in response to the very deep financial difficulties experienced by Dundalk Port Company. Since the transfer to Dublin Port Company, operations at the port have been managed under licence by a local operator. The role of Dublin Port Company is that of statutory authority and licence management. There is, therefore, no entity as such known as Dundalk Port. The role of Dublin Port Company could easily be facilitated at local level by the local authority. In line with the principles of national ports policy and local government generally, control of the harbour area should, at some future point, transfer to Louth County Council.

Given that, as I indicated, neither of these proposed transfers is on the immediate horizon, the appropriate legislative foundation is in place to deal with these matters in the future. Were such a transfer to be considered, we would have to go through the type of process to which the Senator referred in terms of assessing the costs and benefits of such a transfer to the State and completing the due diligence process currently being done on ports of regional significance. For these reasons, I will not accept the amendment.