Michael McGrath (Cork South Central, Fianna Fail)
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538. To ask the Minister for Agriculture, Food and the Marine to outline the statutory basis that provides for the imposition of mooring fees and the confiscation and retention of boats by the appropriate harbour authorities in respect of cases where such fees have not been paid; and if he will make a statement on the matter. [39450/16]

Michael Creed (Cork North West, Fine Gael)
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The Fishery Harbour Centres Act, 1968 (as amended) vests the responsibility for the six Fishery Harbour Centres at Castletownbere, Dingle, Dunmore East, Howth, Killybegs and Ros an Mhíl in me as Minister for Agriculture, Food and the Marine.

In respect of the six Fishery Harbour Centres, I have, under Section 4 of the Act, the power to fix, by order, rates, tolls and other charges for the use of available facilities (including the harbour) and services in the Fishery Harbour Centres. The Statutory Instrument currently applicable is the Fishery Harbour Centres (Rates and Charges) Order 2012. The imposition of fees for swing moorings are included in the Order at Charge 9 of Schedule 2. The Order provides for the payment and collection of dues but also for the penalties and remedies for non-payment. These measures include distress and sale of ships, boats and goods in respect of which the rate or charge is payable.

Section 4 of the Fishery Harbour Centres Act 1968 also confers powers on me to make such bye-laws as I deem necessary or desirable for the management, control, operation and development of the Fishery Harbour Centres. Section 85 of the Fishery Harbour Centres (Management, Control, Operation and Development) Bye Laws 1979 provide that the Harbour Master may detain a vessel in a port until he is satisfied that all monies due in respect of the vessel and the cargo have been paid or sufficient security has been given.

My Department is not responsible for charges levied for the use of facilities and services at other harbours throughout the country.