Seanad debates

Friday, 18 December 2015

Harbours Bill 2015: Report and Final Stages

 

10:00 am

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

The Senator asked three questions. On the first, I accept they have a unique and important role to play in the operation of ports, particularly in respect of navigational safety and maintenance of the ports themselves. Second, there is no impediment to their appointment as worker directors.

On the third question about whether it would be preferable that the harbour master be present in the room for board meetings, I am not in a position to offer direction or guidance to the directors of ports companies regarding what they should do on this matter, although I fully respect where the Senator is coming from on this. If I as Minister, or the local authority when it takes over my role in this regard, appoint directors to companies, we have to allow them to do their work. We have to accept that they are independent directors of companies that are recognised in company law as independent. While it makes sense that the harbour masters should be present for discussions on the operation and safety of the port, my experience is that they are present. I cannot recall a discussion I have had with a port company about matters such as infrastructure or safety from which the harbour master was in any way excluded. In many cases, he or she has participated as strongly in the discussion as the chief executive officer of the port company, because he or she has such appreciation of what goes on in the port.

I accept how fundamental harbour masters are to the operation of ports but if I say a board of directors has to be in place because the company still exists, I have to respect their independence, which I do. We all know the difficulty we get into when we begin to interfere with their work and, for those reasons, it is, therefore, difficult for me to issue a directive to them regarding what they should do on any operational matter. I have the ability to issue directives to them on national ports policy and on any matter I am advised by my Department might jeopardise the ability of the port to deal with operational safety or navigational matters. Those are the main powers open to me. While it is important that the harbour master be present for discussions relevant to the operation of the harbour, I have to respect the independence of the board of directors and allow them to make judgments as they see fit.

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