I move amendment No. 8:—
To delete sub-sections (1), (2) and (3) and substitute the following sub-sections:—
(1) A harbour authority mentioned in the first column of Part I of the First Schedule to this Act shall consist of the following members:—
(a) five members (in this Act referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to four of such members by the local authority mentioned firstly in the second column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other one of such members by the local authority secondly mentioned as aforesaid;
(b) four members (in this Act referred to as chamber of commerce members) appointed by the chamber of commerce mentioned in the third column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to two of such members by the chamber of commerce mentioned firstly in the third column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other two of such members by the chamber of commerce secondly mentioned as aforesaid;
(c) two members (in this Act also referred to as cattle trader members) appointed by the organisation of cattle traders specified in the Order for the time being in force under sub-section (3) of this section in respect of the harbour authority;
(d) two members (in this Act referred to as manufacturer members) appointed by the Federation of Irish Manufacturers, Limited;
(e) two members (in this Act referred to as elected members) elected by the qualified electors;
(f) four members (in this Act referred to as nominated members) nominated by the Minister.
(2) A harbour authority mentioned in the first column of Part II of the First Schedule to this Act shall consist of the following members:—
(a) (i) in the case of the New Ross Harbour Commissioners, six members (in this Act also referred to as local authority members) two of whom shall be appointed by each of the local authorities mentioned in the second column of the said Part II opposite the mention in the said first column of the New Ross Harbour Commissioners,
(ii) in the case of any other harbour authority, four members (in this Act also referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part II opposite the mention in the said first column of the harbour authority or, where there are two local authorities so mentioned, appointed as to two such members by the local authority mentioned firstly and as to the other two of such members by the local authority mentioned secondly;
(b) in the case of a harbour authority in respect of which a chamber of commerce is mentioned in the third column of the said Part II opposite the mention in the said first column of the harbour authority, two members (in this Act also referred to as chamber of commerce members) appointed by the chamber of commerce;
(c) two members (in this Act also referred to as elected members) elected by the qualified electors;
(d) three members (in this Act also referred to as nominated members) nominated by the Minister.
(3) The Minister for Agriculture may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation of cattle traders shall appoint the cattle trader members of such harbour authority.
(4) Each of the following persons or groups of persons shall, as respects any particular election of elected members of a harbour authority, be a qualified elector for the purposes of paragraph (e) of sub-section (1) or paragraph (c) of sub-section (2) (as may be appropriate) of this section:
(a) a body corporate incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority, during the year ended on such 31st day of December, tonnage rates of an amount not less than the minimum sum,
(b) an individual who was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year, tonnage rates of an amount not less than the minimum sum,
(c) a group of individuals any one of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum,
(d) in the case of a corporate body not incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such corporate body provided that such manager was ordinarily resident in the State during such year,
(e) in the case of an individual who was not ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such individual provided that such manager was ordinarily resident in the State during such year,
(f) in the case of a group of individuals none of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such group provided that such manager was ordinarily resident in the State during such year.
(5) In sub-section (4) of this section——
(a) the word "vessel" means a vessel registered in the State under the Merchant Shipping Acts, 1894 to 1939,
(b) the word "owner" means a registered owner within the meaning of the Merchant Shipping Acts, 1894 to 1939.
(6) In sub-section (4) of this section, the expression "the minimum sum" means——
(a) as respects a harbour authority mentioned in Part I of the First Schedule to this Act, twenty pounds,
(b) as respects a harbour authority mentioned in Part II of the First Schedule to this Act, either——
(i) ten pounds, or
(ii) in the case of any particular election in respect of which the Minister is of opinion that the application of sub-paragraph (i) of this paragraph would result in the number of electors being unduly small, such sum less than ten pounds as the Minister directs.
I may say that a very substantial number of suggestions was received from harbour boards and other bodies relating to the provisions of this section. Many of the views expressed by harbour boards were diametrically opposed to views expressed by other harbour boards and frequently chambers of commerce and similar bodies had also independent views to express. It was not possible to reply at length to many of the communications received from harbour authorities, although protracted discussions took place in my Department with the representatives of some harbour authorities and particularly of the Dublin and Cork Boards. I think I should at this stage thank the members of the various harbour boards, local government bodies, chambers of commerce and other organisations that went to much trouble to prepare and submit views and proposals relating to this section.
The section as originally framed carried out in toto the recommendations of the Ports and Harbours Tribunal. It was designed to give effect to the recommendations of the tribunal, and no departure, either by addition or subtraction, was made from these recommendations. But, having regard to some of the views submitted from various quarters, I think there is some case for amending the section and making the constitution of the harbour authorities slightly different from that proposed by the tribunal. The tribunal recommended that the harbour authorities for the four main harbours should be composed of five persons appointed by the local authorities concerned, four members chosen by the chambers of commerce in the port areas, two members elected to represent shipping interests, and four members nominated by the Minister.
The first point put forward by the Dublin, Cork and some other boards was that the total membership proposed, namely 15, was too small, particularly so in relation to the proposed quorum of seven. It was recommended that the quorum should be reduced from seven to five—an amendment is tabled for that purpose —and that the membership of the body should be enlarged. They argued that, having regard to the general experience as to the attendance of members at these boards, as well as the number of committees that have to be appointed from time to time to discharge the functions of the boards, some higher membership was desirable. I think there is something to be said for that point of view and the new constitution which I am proposing for the boards of the major harbours will provide for a total membership of 19. The additional four members, I propose, should be secured by providing for the direct representation on these harbour boards of an organisation representative of live-stock exporters and the Federation of Irish Manufacturers. Some Deputies have proposed to give representation on all these boards to the live-stock trade and have named a particular live-stock traders' organisation. I understand that that organisation ceased to exist at some stage of its career and was revived and the same thing might happen again. Therefore, I think it is wiser to adopt the device which I have adopted in my amendment of giving the Minister for Agriculture the responsibility of certifying which organisation is most representative of live-stock exporters and conferring on the organisation certified by him to be the most representative this power to nominate members on harbour boards.
The Federation of Irish Manufacturers represented to me that they had both interests and viewpoints which would not be, or might not be, properly represented by members chosen by chambers of commerce and, while the device of giving direct representation to chambers of commerce was adopted by the tribunal and accepted by me primarily for the purpose of ensuring that local business interests would be represented on those harbour boards, I think there is something to be said for the contention of the Federation of Irish Manufacturers, certainly so far as the major harbours are concerned.
In the course of discussions affecting the provisions of this section with bodies claiming representation on these boards, I found it necessary to emphasise again and again that these harbour boards are local authorities, using the term "local" in its proper meaning. The boards are intended represent local interests concerned with the development of each port. As Deputies know, these ports are often in competition one with the other, and it is, I think, undesirable to give undue representation upon these local bodies to organisations constituted upon a national basis. Such a national organisation might have a definite interest or a definite policy affecting the interests of one port or one class of port as distinct from others. It is desirable that whatever constitution we adopt should ensure that the local interests in Dublin, Cork, Limerick, Waterford and the smaller ports should have the predominant voice in the management of their ports, and, in particular, in the development of their ports where that development could only take place, as is frequently the case, by attracting trade from other ports which are less efficiently managed or less enterprising. The particular changes which I am proposing, therefore, in so far as they affect the major harbours, are to provide for an increased membership of these boards by giving the right to nominate two members to the live-stock traders' association certified by the Minister for Agriculture to be the most representative, and two representatives of the Federation of Irish Manufacturers.