Written answers

Wednesday, 17 June 2015

Department of Transport, Tourism and Sport

Harbour Authorities

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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36. To ask the Minister for Transport, Tourism and Sport in view of the fact that aspects of the master plan of Dún Laoghaire Harbour Company in County Dublin do not fall under the heading of commercial shipping activities for which the company needs ministerial consent, his views that his Department was adequately consulted with regards to plans for the development of Dún Laoghaire Harbour; and if he will make a statement on the matter. [23478/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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​The objects of a State port company are clearly set out in section 11 of the Harbours Act 1996.  However, as the Deputy will note from section 11, these objects are not restricted to purely commercial shipping matters, but may include, for example: 'to promote investment in its harbour; and to engage in any business activity, either alone or in conjunction with other persons, that it considers to be advantageous to the development of its harbour.'

The Harbours Acts do require Ministerial consent in relation to certain specific activities, including the establishment of any subsidiary company (section 17(3)(g)), certain investments in undertakings (other than a subsidiary) greater than £1 million (section 17(3)(h)) and borrowings (section 23(1)).

Additionally the Code of Practice for the Governance of State Bodies requires Ministerial consent for any 'action which would extend or change significantly the nature, scope or scale of activities in which it....engages' and also where any joint venture is proposed.

Dun Laoghaire Harbour Company has a number of projects at different stages of conception or delivery, some of which require Ministerial consent and some of which do not.

Both my predecessor and I have previously raised concerns as regards the Company's timely adherence to their obligations in this regard. I am, however, pleased to say that I recently had a constructive meeting with members of the Board of the Company in which I outlined clearly my position in relation to these projects and I have since then written to the Company setting highlighting what is required of them with regard to their obligations in respect of these various projects.

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