Victor Boyhan (Independent) | Oireachtas source

I thank the Minister for Transport, Tourism and Sport, Deputy Ross, for coming to the House. I have put down a Commencement matter calling on the Minister for Transport, Tourism and Sport to indicate his intentions to authorise the transfer of Dún Laoghaire Harbour Company from the State to Dún Laoghaire-Rathdown County Council, as provided for under the Harbours Act 2015.

I realise the Minister is aware and knowledgeable about what is going on in Dún Laoghaire Harbour but I will set out some key points. There is considerable uncertainty about the future governance and management of Dún Laoghaire Harbour given the possible transfer of Dún Laoghaire Harbour Company from the State to Dún Laoghaire-Rathdown County Council. The suggestion that ports of local or regional significance would transfer to local authorities has been flagged for approximately two years, since 2015. We have seen some cases of where that has happened.

I wish to flag several issues. I wish to declare that I was a director of the company for two terms so I understand the intricacies of company law and especially issues around the governance of Dún Laoghaire Harbour Company. I live in Dún Laoghaire and I am a former local elected representative for the area. I know and understand the workings of the company and of Dún Laoghaire-Rathdown County Council.

I have several concerns. Outstanding issues remain in respect of a due diligence report commissioned for the harbour. There are protracted legal issues. There are human resources issues and disputes. There is a depleted workforce at the company. There are suggestions of a major deficit in the pension fund for the company. There are issues relating to corporate governance and funding sources.

I understand this State company has never issued a dividend to the State. I call on the Minister to check this out at some future date. It would raise serious concern if a State company did not give a dividend to the shareholder. In this case, the Minister for Transport, Tourism and Sport and the Minister for Finance are shareholders on behalf of the State. Every company has to wash its face. A State company, like this one, needs to be able to issue some dividend, if not to the shareholders, then ultimately for spending on the company and the assets of the company.

I have looked at the company's registration and directorships. I understand two of the directors are to cease being in office within months. That will leave only two other directors. This is something I am keen for the Minister to look at. Given the transitional period under discussion, perhaps the Minister can use his powers and office – which is his entitlement in this case – to appoint one or two directors for another transitional period of one year or two. Ultimately, that is a matter for the Minister but it is important to note that there are four directors in place in the company today and two are due to go in a matter of months.

A person who retired from the company some years ago is now acting harbour master. There is a legal obligation to have a harbour master in any harbour. That is an important issue.

What am I asking of the Minister today? I am asking for a decision to be made on the transfer at some point soon rather than for us to be left in limbo. The physical structure of the harbour is in a bad way in parts. There is no coherent masterplan or vision for the harbour. We need a new governance and management structure. We need a new vision and direction for Dún Laoghaire. This is an amazing port. It is an asset to the country, the local economy and the community of Dún Laoghaire.

We need certainty about the Minister's intentions in the short to medium term. We need certainty on how this is progressing. It is important for the community, the sailing fraternity, businesses in the town and the county council and its chief executive. If they have to take over, they need to understand the ramifications and whether there is a shortfall and a need for investment. I have touched on a range of issues. At this stage people are crying out for some direction and certainty about a future transfer of this company.