Gerry Adams (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

594. To ask the Minister for Transport, Tourism and Sport in the context of the upcoming harbours (amendment) Bill dealing with ports of regional significance, if his plan's references to the council relate to the executives of the relevant council or to the elected members of that council; and if he will make a statement on the matter. [27554/15]

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

​The  Harbours Bill 2015 was published on 1st July and I hope to commence Oireachtas debates on the Bill before the summer recess.

The Bill will provide the legislative basis to one of the National Ports Policy's key recommendations, namely that governance of the designated Ports of Regional Significance vest in more appropriate local authority led governance structures. As the Deputy is aware the five Ports of Regional Significance are Drogheda, Dún Laoghaire, Galway, New Ross and Wicklow.

The Bill is designed to provide maximum legislative flexibility. It will not prescribe the model of transfer but instead will allow for the most appropriate model of governance in respect of each individual company to be chosen. The optimal  manner of transfer is one which finds broad consensus and agreement between parties. The actual transfer of the companies will be made under later Statutory Instrument.

The Bill's two models of transfer are:

1. Retention of the existing company structure and a transfer of the Ministerial shareholding in the company; or

2. Dissolution of the existing company structure and transfer of all assets, liabilities and employees into local authority structures.

Where the company structure is retained and the shareholding of that company transferred to the local authority, then the Bill provides for the amendment of the existing Harbours Acts to reflect that transfer.

Obviously, under this type of transfer there is a need to ensure the appropriate balance between the freedom and requirements of a commercial port and Council oversight. The Bill specifies the differing roles of the Executive and the elected members of a Council in this type of arrangement. As an example, section 23 requires Chairpersons and CEOs to appear before the elected members to give account of their administration of that company, if invited to appear by the elected members.

Obviously under the other method of transfer, the company is dissolved and the port will be administered as a functional area of a local authority.

Gerry Adams (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

595. To ask the Minister for Transport, Tourism and Sport further to the upcoming harbours (amendment) Bill, if the elected members will vote upon the different transfer methods, or if this decision will be taken by the unelected executives. [27555/15]

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Harbours Bill 2015 was published on 1st July and will commence its Oireachtas passage very shortly.

The Bill is designed to provide maximum legislative flexibility. It will not prescribe the model of transfer but instead will allow for the most appropriate model of governance to be chosen in respect of each individual company.  The two possible models of transfer provided in the Bill are: 

1. Retention of the existing company structure and transfer of the Ministerial shareholding in the company to the local authority; or

2. Dissolution of the existing company structure and transfer of all assets, liabilities and employees into local authority structures, where the port will be administered as a functional area of the local authority.

The manner of transfer selected in each case will be the one that finds broad consensus and agreement between the parties. The views of elected members form part of that overall process. My Department has funding available for each local authority to assist in a due diligence exercise and different local authorities are at different stages of due diligence.

The legal method of transfer will be via a Ministerial Order made under the new Harbours Bill. The Order will be signed by the Minister for Transport, Tourism and Sport with the consent of the Minister for Public Expenditure and Reform (as joint company shareholder) and the Minister for the Environment, Community and Local Government (as Minister responsible for local government).