Seán Haughey (Dublin North Central, Fianna Fail)
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Question 338: To ask the Minister for Communications, Marine and Natural Resources if he has received proposals from the Dublin Port Company regarding changing the situation on long leases to tenants at the port; his views on same; and if he will make a statement on the matter. [26704/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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Dublin Port Company and the Irish Ports Association have expressed a view to the Department that the application of the provisions of the Landlord and Tenants Acts to the port companies operating under the Harbours Acts 1996 and 2000 is not appropriate to the management of the port estates. The Maritime Safety Act 2005 added the port companies referred to above to the list of State bodies to which the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 does not apply. This Act provides, inter alia, for a general right to acquire the fee simple.

The ports policy statement published earlier this year states that the Department acknowledges the view of port companies that the provisions of the Landlord and Tenant Acts impose restrictions on their ability to effectively facilitate the development within their ports of an efficient and competitive market for port services, including new entrants. The ports policy statement indicates that, as recommended by the high level review of the State commercial ports, published in May 2003, the Department intends to give consideration, in the context of future legislative changes, to the possible adaptation of the provisions of the Landlord and Tenant Acts to the particular circumstances of the ports.

The changes contemplated may provide for port companies to be exempted from landlord and tenants legislation in its entirety, similar to the position pertaining with regard to the State airports. It should be noted that any legislative amendment in this regard would not have retrospective effect.