Written answers

Tuesday, 7 July 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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586. To ask the Minister for Transport, Tourism and Sport further to previous Parliamentary Questions (details supplied), the reason there is no record in either the High Court or the Circuit Court of any court action being initiated by Dún Laoghaire Harbour Company and the person concerned; if this suggests either Dún Laoghaire Harbour Company is misleading him, or is Dáil Éireann being misled; and if he will make a statement on the matter. [27406/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As I have previously advised, the payment of expenses to directors is a matter for Dun Laoghaire Harbour Company in accordance with the Code of Practice for the Governance of State Bodies. I understand that the Company has taken legal action to recover the amounts outstanding but has not instigated court proceedings. As this matter is the subject of legal proceedings instigated by the Company, it would be inappropriate for me to comment any further in this regard.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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587. To ask the Minister for Transport, Tourism and Sport further to previous Parliamentary Questions (details supplied), the way in which Dún Laoghaire Harbour Company arrived at its decision that it had the authority-power to establish a company without the knowledge of its shareholders, something which is not in compliance with the Harbour Act 1996, the very Act which established Dún Laoghaire Harbour Company; and if he will make a statement on the matter. [27407/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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588. To ask the Minister for Transport, Tourism and Sport if he is aware that persons (details supplied) were on the board of Dún Laoghaire Harbour Company; his views that their actions represented a fundamental breach of trust between him, as the shareholder, and the directors involved, and if their position is now untenable; and if he will make a statement on the matter. [27408/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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589. To ask the Minister for Transport, Tourism and Sport if he will confirm the date persons (details supplied) were appointed as directors of the Irish International Diaspora Centre Trust Limited; and if he will make a statement on the matter. [27409/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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590. To ask the Minister for Transport, Tourism and Sport further to previous Parliamentary Questions (details supplied), the reason the Irish International Diaspora Centre Trust Limited, as shown in the Dún Laoghaire Harbour Company profit and loss accounts for the years 2012 and 2013, shows that €67,904 and €120,234 respectively was owed to Dún Laoghaire Harbour Company, if the Irish International Diaspora Centre Trust Limited did not trade; and if he will make a statement on the matter. [27410/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 587 to 590, inclusive, together.

​As I have previously advised  in December 2011, Dun Laoghaire Harbour Company informed the Department that it was establishing a new company to be known as the Irish International Diaspora Centre Trust. The Company was immediately informed of its statutory requirements as regards the establishment of subsidiaries.

The Company replied that, while the entity proposed was a new company, it was not a subsidiary as defined within the Harbours Acts and therefore the requirement for Ministerial consent did not exist.

Regardless of legal technicalities as regards the status of the Trust, my Department has been consistently clear that the Company should seek Ministerial consent and noted that the Code of Practice for the Governance of State Bodies also requires Ministerial consent in respect of any intended action which would extend or change significantly the nature, scope or scale of the activities in which it engages.

A Company proposal to utilise the AGM in 2012 as a mechanism to gain Ministerial consent was rejected by officials as being procedurally incorrect.

The Department required the Company to ensure that the Trust remained non trading and without share capital until such as time as the proper consents had been secured.

In July 2014, my predecessor wrote to the Company to highlight his concerns at the approach adopted by it with regard to meeting the corporate governance standards expected of State bodies. In November 2014, I met with, and subsequently wrote to, the Company and during these exchanges again raised the issue of Ministerial consent in respect of the diaspora project.

The amounts referred to by the Deputy for 2012 and 2013 relate to expenditure incurred in the development of the diaspora prototype, and as of 31 December 2014, there were no outstanding balances due from the Irish International Diaspora Centre Trust to Dun Laoghaire Harbour Company.  The Company has informed me that the entity known as The Irish International Diaspora Centre Trust is being wound up.  

I can confirm that the directors referred to in the Deputy's question were appointed to the Board of the Irish International Diaspora Centre Trust on 28 November 2011.

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