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Dáil Éireann debate -
Thursday, 16 Feb 1989

Vol. 387 No. 3

Harbours (Shannon Estuary Development Corporation) Bill, 1988: Second Stage.

I move: "That the Bill be now read a Second Time."

I am very pleased as Minister for the Marine to have the opportunity to initiate this Bill to set up a single development authority for the Shannon estuary which, for obvious reasons, is of special interest to me.

The purpose of the Bill is to establish a new body to be known as the Shannon Estuary Development Corporation and to define their functions, powers and jurisdiction. The corporation will have a mandate to promote, co-ordinate and develop investment in marine-related industrial, tourist, recreational and amenity facilities and to encourage activities likely to contribute to the realisation of the marine potential of the Shannon estuary. They will also take over, manage and operate the existing harbours at Limerick, Foynes and Kilrush. The corporation will have jurisdiction over the entire waters of the Shannon estuary from Sarsfield Bridge in Limerick to the sea at Kerry Head - Loop Head.

The principal provisions of the Bill are to be found in the following sections: section 3 which provides for the establishment of the proposed Shannon Estuary Development Corporation; section 4 which sets out the functions of the proposed corporation and the parameters of their spending and borrowing as a development agency; and section 5 which defines the area within which the proposed corporation will have responsibility. This area, as I have said, covers the estuarial waters of the river Shannon and includes Limerick harbour, Foynes harbour and Cappa pier. Section 6 provides for the location of the corporation's headquarters at Foynes. Section 8 sets out the membership of the corporation and the method of appointment of members and provides that members other than local authority members must have expertise in finance, commerce, shipping, law or management, Sections 14 and 15 provide for the transfer of staff from the present authorities for Limerick, Foynes and Kilrush harbours to the new corporation and for the preservation of their terms and conditions of service and pension rights.

As Deputies are no doubt aware, this is not the first occasion on which proposals for the setting up of a single authority for the Shannon estuary have been put before this House. The concept of a single estuarial authority has been under discussion for a period in excess of twenty years and has received the support of almost all Ministers who have been responsible for commercial harbours during that time. Successive Ministers have had extensive negotiations with the various interests involved over the last ten to twelve years. Bills providing for a single harbour authority for the estuary were introduced in 1977 and 1986, but lapsed on the dissolution of the Dáil in those years.

I consider the establishment of a single estuarial authority as vital to the development of the unique potential of the estuary. The estuary is a large natural resource and it should be managed and marketed as such. It has not been developed to its full potential to date; such development as has taken place has been as a piecemeal operation in different places and by different organisations with no overall co-ordinated approach. Despite this, developments, particularly those in more recent years, have confirmed the enormous potential of the estuary for industry and services requiring deepwater facilities. These developments, which include the ESB coal burning station at Moneypoint, the alumina project at Aughinish, as well as the oil jetty near Shannon Airport, have resulted in the total tonnage of goods through the Shannon estuary increasing from 1.467 million in 1982 to 5.219 million in 1987.

The estuary has outstanding advantages. Its unique maritime capability provides opportunities for industrial development almost without equal in Europe. It has the capacity with minimal dredging to handle bulk cargo vessels of 400,000 dwt. which only three other sheltered harbours in Europe can accommodate. It is not affected by congested or shallow approaches, shortage of land or labour or the environmental constraints imposed by the proximity of large centres of population.

The thinking behind the setting up of the Department of the Marine in relation to harbour development was to bring all harbour works under the one administrative and planning umbrella, whether commercial, fishery or recreational. Since my appointment as first Minister for the Marine, I have been reviewing strategies with a view to more rational and integrated planning of harbour development. Among the ideas considered was extension of the composition, brief and responsibility of traditional harbour authorities. I see the role of a harbour authority as extending beyond the mere management and operation of their harbour to the extent that it should complement the work of other development agencies in an area. The Bill you now have before you is a product of this review and will, I hope, be the base from which further industrial and commercial activities will be attracted to the Shannon estuary area in the future. I see this Authority in the constitutional and functional sense as providing a model for the establishment of similar authorities for other portal areas.

The main advantages that can be expected from the establishment of the development corporation for the Shannon estuary are that it will bring about a more cohesive approach to the future planning, development and promotion of the estuary; facilitate further development of the estuary's already illustrated advantages through the pooling of the capital resources and planning of its harbours; help to avoid costly duplication of facilities and services leading to better deployment of financial resources; and enhance the case for EC and Exchequer grants for infrastructural development.

Since becoming Minister, I have had prolonged and detailed discussions with the various interests in the region. Special efforts have been made by me to get a consensus among the parties in favour of a single authority. Time will prove that being part of a single authority, having access to a larger pool of resources, including financial resources to aid further development, will provide all regions on the estuary with more opportunities than handicaps. I am convinced that a Shannon Authority without Foynes would be meaningless and I am accordingly proposing to include Foynes harbour within the scope of the new Bill from the outset.

I have decided that the headquarters of the new corporation should be located at Foynes. I have done this partly in recognition of the achievements of Foynes harbour to date, partly to indicate that the setting up of the corporation is not intended to deprive Foynes of its present status as a progressive port, but mainly because I consider Foynes an ideal central location on the estuary from which the corporation can become a dynamic instrument for maritime economic development in the area.

I am aware that certain aspects of this Bill have aroused controversy, particularly the question of the size and composition of the proposed corporation. Various reasons have been advanced to me, for instance, why one region should be given greater representation than another. To work efficiently and effectively, the corporation need a significantly smaller membership than existing major harbour authorities which have a membership of up to 27. It is for this reason that in section 8 of the Bill I am setting the total membership of the board at 13, which I consider the most efficient sized board consistent with adequate provision being made for a wide variety of interests along the estuary. In order to ensure that the right calibre of person is appointed, I have also included a provision that members will be required to have wide experience of, or capacity in, finance, commerce, shipping, law or management.

Provision is made for one member each from Kerry, Clare and Limerick County Councils and from Limerick Corporation. SFADCo will have one member, port users two members and Foynes interests two members in recognition of that harbour's importance for the successful operation of the corporation. I will appoint all members of the board and will also appoint one of the 13 as chairman.

Reference has also been made to the fact that all the small piers on the estuary are not being brought under the control of the corporation, that overlapping between the corporation and other development agencies in the region will result and that the future of existing staff is not adequately protected.

The Harbours Bill, 1986 provided for the transfer of a number of small public piers in the estuary to the proposed new authority. The piers in question were Clarecastle, Saleen, Kilteery and Tarbert. Other small public piers on the estuary e.g. Kildysart, Killimer, Glin were not, however, being transferred. None of the small piers in question has any commercial importance, save that the Shannon car ferry operates between Killimer and Tarbert. It was a condition of Exchequer assistance that the ferry terminal facilities would be under the control of the respective county councils. There is provision under section 134 of the Harbours Act, 1946 whereby they could be transferred to the corporation at a later date should circumstances so warrant. For the present, I have excluded them from the Bill.

The development powers being conferred on the new corporation are expressed to apply only to the area within its jurisdiction where such development would be considered a normal function. Marine-related facilities cover a wide area such as shipbuilding, yacht or boat chartering, operation of marinas, aquaculture, fishing and water sports, not all of which would affect trade through the ports of the estuary. The corporation will be primarily concerned with the promotion of the estuary in relation to its suitability for certain activities. If their promotional efforts succeed in attracting a prospective developer, the relevant State agency would then become involved. The presence of a SFADCo member on the board will ensure that promotional activity will be undertaken without diffusion of effort. My colleagues, the Minister for Industry and Commerce and the Minister for Finance, agree with me on this. Furthermore, to ensure that port users' money is not used for activities other than commercial harbour activities, the Bill includes a provision that any investment in other marine related facilities will require my consent which will only be given if the proposed investment is capable of achieving a commercially acceptable rate of return.

With regard to the fears of existing staff of the harbour authorities about their future, let me state that the normal policy in regard to a reorganisation involving employees is to ensure that the status and conditions of the employees concerned suffers no diminution in consequence of the implementation of reorganisation plans. There is provision for this in the Bill. Accordingly there is no reason for Deputies to be concerned about the existing staff of the harbour authorities being transferred to the corporation.

I consider the corporation, as proposed, to be the appropriate type of body to manage the estuary into the next century. I have no doubt that in due course local interests in the estuary will appreciate that sensible compromises have to be made in establishing a body like the Shannon Estuary Development Corporation and that the new corporation will eventually attract the full support of all local bodies. I hope this Bill will command the support of this House and that the launching of the corporation will give further impetus to the already impressive growth of the estuary.

Since the Bill was first circulated to Deputies amendments mainly of a techincal nature have been proposed and I will be introducing these at Committee Stage.

In conclusion, I see the establishment of the proposed corporation as the first step in a rational and integrated planning of harbour development to ensure that resources available are used in a way which will ensure maximum return to the State and I am confident that it will serve as a catalyst to generate employment and increase the general prosperity of the area.

In the context of the Harbours Act, 1946 — the legislative code under which commercial harbours operate — I consider that the initiative I am taking is innovative both in the constitutional and functional aspects of harbours. I have realised for some time that harbours which tended in the past to be seen only as locations for commercial port activity in the strict sense have potential of another kind in the areas of tourist attraction and job creation. I have for this reason taken the unusual step of broadening the remit of the Shannon Estuary Development Corporation to include the promotion and development of marine related industrial, tourism, recreational and amenity facilities.

I must be certain that our ports are properly geared in physical and in financial terms to face the challenges of 1992 and Ireland's relative isolation from the rest of the European Community arising from the expected completion of the Channel Tunnel in 1993. Where ancillary activities such as marine recreation add to the assets of the Shannon Estuary Development Corporation they will help to ensure is financial prepartions for the challenges of the 1990s.

While the purpose of this Bill is related to the Shannon Estuary, it reflects my thinking in relation to the constitutional and functional roles of commercial harbours generally. I have already set in train a review of the Harbours Act, 1946, and the practical application of what is proposed in the present Bill before the House will be invaluable in farming the new blueprint for commercial harbours generally,

I commend the Bill to the House.

Today is an historic day in this House in that we are dealing with a second Bill relating to the mid-west region. Earlier we discussed the extension of SFADCo's responsibilities to include north Kerry. There is a great deal of confusion between SFADCo and SEDCo. People do not understand why another layer of bureaucracy is being established in an area where there is already a development corporation, namely SFADCo. I am not sure the title of this Bill is suitable.

We are dealing with one of the finest estuaries in Europe which has tremendous potential for commercial and industrial development. SFADCo are responsible for the promotion and development of the entire region and the responsibilities of the body which will be established under this Bill will overlap those of SFADCo. I hope the Minister will amend the Bill in order to give a clearer definition of these responsibilities. The Minister, in his capacity as a public representative for the mid-west during the past 15 years, has a particular interest in the development of the estuary, which this Bill is designed to promote. However, I am not sure that the Bill represents the perfect solution in terms of estuarial development.

With the evolution of the free market in 1992 we will have access to more than 320 million people in the European Community, but we will be the only country without land access to continental Europe. It is extremely important that we, as an island nation, should have a well thought out ports policy for the whole country. Sea transport cannot operate effectively without efficient and cost effective port facilities. This Bill is supposed to be a prototype for all our other ports. Certainly we need a cohesive policy in regard to port development. The European Community has policies in relation to air, road and rail transport but unfortunately there is a deficiency in relation to sea transport, which is regarded as a poor relation. That is why we need to give sea transport a high priority.

Ireland is basically an exporting nation. About 75 per cent of our goods are exported, mainly to Britain. Only 0.5 per cent of our exports are sent by air. These are high value commodity goods which need speedy transportation. The remainder of our exports travel by sea. In 1980 our exports were valued at £3.9 billion and that figure has risen by 1987 to £10.5 billion. If the Government are serious about creating 20,000 jobs per annum, as stated in the Programme for National Recovery it is important that we should be competitive. We need good, well developed ports which can compete with those in Northern Ireland. It is vitally important to create jobs and produce goods which will be competitive in the European market.

We are in a vulnerable position. Time is now an important factor in transportation. Storage is costly and producers are trying to reduce the cost of storage in the countries to which they export. For that reason the transporter in many instances becomes the manufacturer's storage facility. Therefore, it is essential to have an efficient port facility where carriers can get to their destinations as quickly as possible, which is extremely important.

Investment in the port industry is the key to greater economy, efficiency and lower operating costs. In continental countries there has been great investment in national and local courts. By comparison, there has been very little investment in Ireland. In Europe there is a hard-nosed business realisation that trade brings prosperity and that investment in port infrastructure is a major element for the potential development of these countries. It is unfortunate that this is not true of Ireland and that is why I had hoped this Bill would produce a formula for major port development. Over the years any assistance we have been given has been on a socio-economic basis rather than on a commercial one. We have reacted to situations instead of planning in a structured, coherent fashion.

A major concern, particularly to the ports of Dublin and the east coast, is that there is strong competition from Northern Ireland in whose ports the British Government have invested generously. The result is that, in many instances, they are able to provide a service at a far lower cost than in the South. That is extremely serious and the Minister and his Department should address this problem because there is a leakage of revenue from the South to the North and the Government have not addressed the problem. The Bill will not address the problem either.

Various studies have been done on various ports in Ireland and many recommendations have been made. The Minister for finance, when he was Minister for Industry and Commerce, announced that he was having a study done on ports in Ireland and he particularly specified the Shannon Estuary and its potential. That announcement was reiterated by his successor, Minister Burke, over the weekend. Why did the Government not wait for the results of that study before they introduced this Bill? I know there are various strands of opinion within Government in relation to the Bill and a certain amount of playacting even within Cabinet in relation to it. The situation in west Limerick of Collins versus Noonan versus Daly is an interesting saga.

What about Deputy Carey and you?

I do not know to what the Minister is referring.

The Deputy should have referred to the people she mentioned as Ministers.

I am sorry, the political intrigue between the triumvarite of Ministers Collins, Noonan and Daly makes interesting political reading and is possibly the basis for a nice political novel in future. I am sure that you, a Leas-Cheann Comhairle, are aware of the political subtleties developing in that area.

The chair keeps himself aloof from matters of this kind.

I can appreciate his position but I am sure, nevertheless, that he hears instances——

May we return to the Bill?

My remarks were relevant to the Bill. I am sure you understand the intrigues although it must be irritating to have to maintain a certain aloofness. The present legislative framework within which each harbour authority operates is based on the Harbours Act, 1946, which in turn was based on the investigations that took place between 1926 and 1928. Unquestionably, the legislation is totally outdated and there is a need for its revision. I can appreciate that the Minister is anxious to have this Bill passed.

Fianna Fáil, in their Programme for National Recovery, said that they wanted to create 20,000 new jobs and being an island nation, an efficient port service is an integral part of that achievement because it means cost-effectiveness.

I also wish to refer to pilots and pilotage in the Shannon Estuary and their position as a result of this legislation. As the Minister is aware, there is a loose arrangement between the pilots on the Shannon, the Limerick Harbour Commissioners and the Foynes Commissioners which has operated very effectively over the years. The Bill does not clearly elucidate the position of the pilots in the new structure. I am extremely concerned about traditional pilot families in the mid-west region who have a tremendous knowledge and experience of the river and who have been involved in it for generations. What is their future under this new authority? Will they be employed or pensioned off? Will they work on a contract basis? How secure is their position? This is very important because there is a tendency for many people to believe that piloting a boat on a waterway is the same as driving a car. The reality is that one has to be familiar with the various currents in the river and the movements of the water which can vary from time to time and from season to season. It is a very skilled job which needs highly qualified people. Their job is often under estimated by people in administration who ignore the importance of these skills in relation to waterways. I should like the Minister to assure the House that the people with those very fine skills, who have been involved in the Shannon Estuary for generations, will be accommodated in the new structure. That is vitally important.

The Bill changes the overall structure of harbours and responsibility for them. He proposes to give responsibilities to this Authority not normally given to a harbour authority. Here we are talking about responsibilities in respect of marina developments, marine recreational facilities and aquaculture developments. I am not sure whether this would be a wise move as it is my belief that the ports along the estuary should be developed so as to accommodate very large ships. As the Minister is aware, the size of ships entering the estuary has increased from a tonnage of 10,000 tonnes to 15,000, a 15 fold increase while the volume of goods passing through the estuary has increased 12 fold during the past 25 years.

Much development has taken place along the estuary, the most significant being the development at Moneypoint. The jetty at Moneypoint is able to accommodate the largest of the ships entering the estuary. In addition much activity takes place at the jetty at Shannon Airport, the port at Limerick and the harbour at Foynes. It is important that these be developed, along with others, so as to accommodate very large ships. The Shannon estuary is the second largest in Europe. Not alone are we speaking about accommodating very large vessels but also about accommodating heavy industry. Therefore, it would be advisable to make a major effort to promote such development and to leave the other details to the Department of the Marine or to SFADCo. We should push very hard for the development of deep water harbours and try to attract heavy industry into the region. While the minor activities are important, in order to create jobs we need to look at the possibility of attracting heavy industry into the region. This Bill proposes to give the new Authority much wider responsibilities and because of this their attention may be diverted away from such an objective. This would be unfortunate.

The Deputy is saying nothing about Poulnasherry.

That is a special case and can be catered for very adequately by the Department of the Marine. I hope the Minister will establish an aquacultural industry there for which this Authority would not have responsibility.

Some of the Minister's colleagues expressed serious concern when in Opposition about adding further layers to the layers of bureaucracy that already existed. The leader article in the 17 May 1986 edition of the Limerick Leader pointed out that the present Minister for Justice warned the then Minister for Communications, Deputy Mitchell, against having too many layers of bureaucracy; that a Bill which Deputy Mitchell was introducing would add another layer of bureaucracy to the already top heavy bureaucracy which existed; that the Harbours Bill would be in dry dock before along; that it had no financial element contained within it and would further complicate the promotion of the Shannon estuary. He further added that if the then Government were serious about developing this great estuary there were already sufficient agencies in place to carry out the work needed without establishing another. I wonder how Deputy Collins managed to change his stance within two years. Those comments were an indication of what his views were.

The Deputy is referring to a different Bill.

The Government propose to add another layer of bureaucracy in the form of a corporation. Deputy Mitchell introduced a harbours Bill and did not intend to establish a corporation. This corporation would have similar responsibilities to those of SFADCo. Earlier today I referred to that matter in the course of the debate on the Shannon Free Airport Development Company Limited (Amendment) Bill. It is time that a look was taken to see what exactly is required. What is required in my view is the introduction of a harbours Bill with the specific objectives of developing deep water facilities in the Shannon estuary and the improvement of the existing port facilities. If this were done we would then be able to attract, through the existing agencies, heavy industries into the region.

It is not quite clear as to what this Bill aims to achieve. I intend to table amendments to the Bill on Committee Stage, as it is not clear what is going to happen on a whole range of issues. There is no reference to Clarecastle in the Bill and I wonder why this is so.

It has its own authority.

We need to be told why there is no reference to Clarecastle in the Bill. It has a harbour authority similar to the ones at Kilrush, Foynes and Limerick. As the Minister is aware, strong objections have been voiced by all of the harbour authorities concerned. The Kilrush harbour authority and Kilrush Urban District Council——

They welcome this Bill.

——seek representation on the board of the new authority but it is not proposed in this Bill that Kilrush Urban District Council would be represented on the board.

They unanimously welcomed it.

Under this legislation the Limerick Harbour Commissioners would be transferred to Foynes but they object very strongly to this proposal. The interesting nigger among the woodpile, and this may answer some of your political dilemmas, a Leas-Cheann Comhairle, would be the commissioners at Foynes who have been working very successfully for many years. Under this legislation the headquarters of this new corporation would be based at Foynes along with giving specific responsibility to the harbour master and the secretary of the board there. The reality is that the Foynes authority do not want to cut, shuffle or deal with this legislation. They were to remain and operate as they have been operating over the years and not be included in this, but for some strange reason when the Minister, Deputy Noonan, was in Australia and the Minister, Deputy Daly, was about to publish the Bill, the Minister for Justice ran ahead a few days of the Minister for the Marine and made an announcement——

Let me ask Deputy Madeline Taylor-Quinn to keep us in suspense on that until next week and agree to move the adjournment.

That is a pity. It is a very interesting story.

I am afraid time does not allow us to hear your revelations.

Even though we know the story, we will be here to hear it again.

Debate adjourned.
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