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Dáil Éireann debate -
Tuesday, 24 Nov 1987

Vol. 375 No. 7

Ceisteanna—Questions. Oral Answers. - Harbour Act.

20.

asked the Minister for the Marine if he proposes to amend the Harbour Act, 1946 so as to ensure that harbour areas and amenities will not be controlled by any monopoly business interest.

The constitution of harbour authorities under the Harbours Act, 1946 provides for a wide spread of representation which is intended to ensure that sectional interests do not dominate. If harbour authorities exceed their powers under the Act they are liable to be challenged in the courts. Having regard to the outcome of recent relevant court proceedings, however, I am considering whether the time has now come for me to exercise my powers under the Act to make regulations in respect of the procedure and business of a harbour authority.

Would the Minister assure the House that he will make the appropriate regulations in order to prevent the type of unlawful acts which were brought to light in that High Court case?

Under this Act, the harbour authorities may regulate their procedures by way of standing orders. In the particular case to which Deputy Pattison refers, the harbour authorities have since then either altered or introduced standing orders and under these orders they could then exclude from discussions or from voting a member or members with a direct interest. Of course, the Minister may bring in regulations and if necessary he will do so. In the meantime, I propose to contact the harbour authorities around the country and establish the standing orders which exist. First and foremost, those authorities should make use and take advantage of the section of the Act which permits them to introduce these standing orders, if necessary. We are taking this matter very seriously and looking at the question of procedures, with particular reference to the case to which the Deputy refers.

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