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Dáil Éireann debate -
Tuesday, 6 Feb 1979

Vol. 311 No. 3

Ceisteanna—Questions. Oral Answers. - Harbours Act, 1946.

19.

asked the Minister for Tourism and Transport if he is aware of difficulties which have arisen in the enforcement of bye-laws made by Harbour Commissioners under the Harbours Act, 1946, because of the provision in this Act for a maximum fine not exceeding £10; and if he will introduce legislation to provide for a more realistic fine.

(Dublin South-Central): I have received a recommendation from one harbour authority that the maximum fine for contravention of bye-laws be increased from £10 to £50. I am not, however, aware of any difficulties which have arisen in regard to enforcement of bye-laws because of the existing penalty provisions. A general review of the Harbours Acts is in progress but it will be some time before I will be in a position to introduce amending legislation.

Does the Minister accept that a fine of £10 at the present time is not a deterrent and further that harbour boards, one of which has been in touch with me, find it impossible to enforce the regulations because of this derisory level of fine?

(Dublin South-Central): There is no question that the penalty cannot be imposed but it is such a nominal figure that I suppose it would not be worth while—I am sure that is what the Deputy has in mind. It is intended to amend that legislation along the lines submitted——

Could the Minister give an assurance that this legislation will be before the House in the reasonably near future?

(Dublin South-Central): No. It may be some time before the amending legislation comes before the House.

In relation to that legislation, is it the Government's intention to publish a national sports policy in advance of the legislation?

That is a separate question.

It relates to the question of legislation. Perhaps my question should be rephrased: Does the Minister intend to introduce limited amending legislation or will the legislation also make provision——

Obviously it is a separate question.

Why has the Minister decided to deal with the question of a fine only in the context of an overall revision of harbour legislation? Would he not agree that it would be possible to get a simple, short Bill dealing with fines in the context of the harbours legislation?

(Dublin South-Central): In reply to Deputy Quinn, the size of the penalties for offences under the Harbours Acts will be considered in an overall review of the Harbours Acts which is now being undertaken.

Would the Minister now answer my question?

(Dublin South-Central): It would be, I presume.

Why is the Minister not prepared to deal with the question of fines in isolation in view of the fact that an overall review of the harbours legislation would probably take up to five years to get through this House?

(Dublin South-Central): This is not a very pressing question. We have received representations from only one harbour commission in the whole of Ireland with regard to this matter.

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