I move that the Bill be now read a Second Time.
The main purpose of this Bill is to make statutory provisions for the establishment, development, operation, management and control of five major fishery harbour centres at Dunmore East, Castletownbere, Killybegs, Galway and Howth and also to provide powers for the acquisition, by agreement or compulsorily, of lands required for the establishment and development of these five major fishery centres.
The establishment and development of these harbour centres is in accordance with the Government's plans for the development of the sea-fishing industry as set out in the programmes for economic expansion, in the White Paper relating to the programme of sea fisheries development which was published in 1962 and in more recent public announcements.
As many Deputies may recollect, an experienced and renowned Swedish Harbour Consultant was commissioned in 1958 to examine the position as to harbours in relation to our sea-fishing industry and to advise on (1) the desirability and feasibility of concentrating the main fishery efforts at a few places, (2) the places at which the main fishing activity could best be concentrated and (3) the nature, extent and relative importance of the works and facilities to be provided at each of the places selected.
The decision to employ the harbour consultant was motivated by the need to concentrate our main fishery activities at specially developed modern fishery harbours with adequate berthage, flotation and shore facilities to facilitate our fishermen in the effective use of larger craft geared to employing the most up-to-date fishing methods.
The harbour consultant made an extensive survey of the Irish coastline and a searching examination of our various landing places. His report, which was laid before both Houses of the Oireachtas, was a comprehensive document and provided most useful information and advice for a long-term plan for fishery harbour development. Following consideration of that report it was publicly announced in 1960 that the Government had authorised preparatory work to be put in hands for the development of five ports as major fishery harbours at Castletownbere, Galway, Killybegs, Howth and Passage East. Dunmore East Harbour was substituted in 1962 for Passage East as the subsoil conditions at the latter were disclosed by trial borings to be unfavourable.
It was also publicly announced that legislation would be prepared to provide, among other things, for the future maintenance and operation of these harbours and for the acquisition of the necessary properties which would be required for their development. The hope was then expressed — and reiterated on a number of occasions since then in the course of the annual debates on the Fisheries Estimates — that negotiations for the acquisition of properties essential for the five harbours would be concluded without the exercise of compulsory powers. That hope has been realised in respect of some properties but, I regret to say, for various reasons compulsory powers are now required to acquire lands and properties in a number of remaining cases.
All the necessary preparatory technical and other investigations are completed for the five harbours and work has been proceeding at three of them for some time past — since July, 1963, in the case of Dunmore East, at Killybegs since April, 1964, and at Castletownbere since June, 1964. The development work at all five centres will take some years to complete. So far, over £½ million has been expended at the five centres on preparatory work, on dredging and constructional works. It is estimated that a further sum of about £300,000 will be expended on these harbour works in the current financial year. These harbours which are reasonably well distributed around the coast will provide good berthage, shelter and flotation for our fishing fleet together with essential ancillary shore facilities.
At this stage I would like to emphasise that the programme of major fishery harbour development will not prejudice in any way the improvement and development at other places — especially the small fish landing places around the coast which are used by many inshore and other fishermen. These small ports and landing places will not be neglected. Where improvements are needed to maintain or expand local fishing activities they will continue to be provided with State assistance.
The Bill consists of thirteen sections and a schedule which lists the five harbours coming within its scope. Section 2 empowers the Minister for Agriculture and Fisheries to make an order in relation to any of the five harbours mentioned in the schedule declaring the harbour and land adjoining it, as shall be specified in the order, to be a fishery harbour centre.
The purpose of this section is to transfer the five harbours to the Minister's control and to constitute in him a new and single harbour authority which will be responsible for their operation, management, development and maintenance. The object of acquiring land adjoining the harbour is to ensure that adequate space will be made available for essential harbour facilities and related purposes including ancillary industries. For obvious reasons, it would be the intention to include in a harbour centre for only such area of land as would be absolutely necessary.
The effect of a fishery harbour centre order will be to transfer to and vest in the Minister for Agriculture and Fisheries, the harbour and any land in question which shall be the subject of that order together with all the related property, assets and liabilities of the existing harbour authority. Existing harbour authorities and their officers will cease to carry out any functions in relation to the harbours and for the future the Minister will exercise these functions. The effect of the orders will be to transfer to me Castletownbere Harbour from the Cork County Council; Dunmore East and Howth Harbours from the Commissioners of Public Works in Ireland; and Killybegs Harbour from the Killybegs Harbour Commissioners.
On and from the transfer of Killybegs Harbour, the Killybegs Harbour Commissioners will stand dissolved as there will be no longer any reason for their continued existence. In the case of Galway, the new fishery harbour centre will be adjacent to the commercial harbour which will continue to remain the responsibility of the Galway Harbour Commissioners under the Harbours Acts, 1946 and 1947. Provision is, however, contained in this section that a fishery harbour centre order shall not be made by me in relation to a harbour now under the control and management of a harbour authority mentioned in the First Schedule to the Harbours Act, 1946, without the consent of the Minister for Transport and Power who is the responsible Minister for commercial harbours.
This relates specifically to Killybegs Harbour and also to Galway Commercial Harbour in so far as the proposed new fishery harbour centre at Galway may impinge on the area of the commercial harbour or otherwise affect the Galway Harbour Commissioners. Safeguards are also provided for any person who may be affected by a fishery harbour centre order. Notice must be given to the public of my intention to make the order and consideration must be given to any objections raised. If the objections are not withdrawn a public inquiry may be held. It is unnecessary for me to elaborate at this stage on the other consequential matters provided for in section 2.
In the provision of a properly designed fishery harbour centre it is necessary to provide not only adequate shelter, flotation and berthage for the fishing vessels which will use the harbour but also to provide necessary shore facilities. The shore facilities include the servicing of the fishing vessels, space for the handling and sale of fish, fish processing industries and, where appropriate, facilities for boat repairs and maintenance. Some land has already been acquired for these purposes at the centres by agreement but due to difficulties about title in some cases and because of failure to reach agreement or unwillingness to sell in others, it is necessary to seek statutory powers for compulsory acquisition.
Provisions to that effect are made in section 3 which is drafted on standard lines. Public notice must be given of the intention to enter on and acquire land by compulsory powers and in addition there is a special provision whereby land, or rights in relation to land or water, used in connection with the operation of commercial shipping or the exercise of the public right of navigation shall not be acquired compulsorily without the consent of the Minister for Transport and Power. Provision is also made that in default of agreement on the amount of the price or compensation which will be paid for any land or right acquired under this section the matter shall be determined in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
As the Minister for Agriculture and Fisheries shall be responsible for the management, control, operation and development of each of the five major fishery harbour centres on and from the commencement of each relevant fishery harbour centre order, provisions are made in section 4 of the Bill to give me necessary and adequate power to perform those functions. This section will enable me to make whatever bye-laws are necessary and desirable for the management, control and operation of the harbour centres and to make orders fixing rates, tolls and other charges for the use of facilities and services in the centres. Existing orders, regulations and bye-laws relating to these harbours which are in force at the time of transfer will continue to apply to the harbours in question until they are amended or revoked.
In addition to having the responsibility of providing adequate facilities at each centre for the sale of fish landed at the centres, the section will enable the Minister to require that fish landed at the centre shall be offered for sale at the centre and will also enable him to regulate and control the manner in which sales shall be conducted. Whether it will be necessary for me to use any or all of these powers will depend on circumstances from time to time but at this stage I should make it perfectly clear that I will have no hesitation in invoking these powers if the unorthodox practices at Dunmore East do not cease.
When orders or bye-laws relating to the management and control of harbour centres are to be made it will be obligatory on the Minister to publish notice of his intention to make them and to state the purposes for which they are to be made. A period of 21 days is specified within which interested persons may submit objections to the proposed instruments. Having considered the objections it is provided, however, that the Minister may make the order or bye-law with or without modification as he may think proper. Notice of the making of the order or bye-law must be published in Irish Oifigiúil. The usual provision is also made for penalties on persons or bodies who contravene orders or bye-laws or who may be involved in such contraventions.
The appointment of staff necessary for the management and control of the harbour centres is provided for but it may be convenient and economical for the Minister to delegate the exercise of some of his powers and functions to a body such as the Commissioners of Public Works. Provision is made to permit the Minister, with the consent of the Minister for Finance, to arrange for such a delegation of powers. A similar provision is also made in section 3 for the delegation to the Commissioners of powers in relation to the acquisition of land in fishery harbour centres.
The provisions in section 5 are customary and concern the use to which I may put any property vested in me under the Bill when enacted. Section 6 provides for the future maintenance of harbours in fishery harbour centres.
Taking sections 7, 8 and 9 together, it will be noted that I propose to establish, maintain and manage a fund to be known as the Fishery Harbour Centre Fund. The account of this fund, which will be audited by the Comptroller and Auditor General each year and laid before each House of the Oireachtas, will indicate the annual income and expenditure related to the fishery harbour centres. All moneys received in respect of rates, tolls and other charges and non-repayable grants from the Exchequer will be paid into this fund. Out of the fund will be paid all outlay and expenditure in connection with the operation and management of the harbours.
I commend the Bill to the House and ask that it be given a Second Reading.