Dáil Éireann debate -
Thursday, 21 May 1992

Vol. 420 No. 1

Fishery Harbour Centres (Amendment) Bill, 1992: Second Stage.

Minister for the Marine (Dr. Woods)

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

The purpose of the Bill is: to define the seaward limits of Castletownbere Harbour to include Berehaven Sound within those limits; and thereby enable me by Order under section 2 of the Fishery Harbour Centres Act, 1968 to extend the limits of the Castletownbere Fishery Harbour Centre to coincide with the seaward limits of Castletownbere Harbour.

Berehaven Sound at present forms part of Bantry Bay Harbour and is under the aegis of the Bantry Bay Harbour Commissioners. Foreign fish factory ships which visit Castletownbere during the mackerel season are unable to berth at the Fishery Harbour Centre because of their size and these ships operate from the Sound. Because the fish factory ships anchor in Berehaven Sound, harbour dues accrue to Bantry Bay Harbour Commissioners who are based 30 miles away by road and two hours by boat.

There is full agreement locally that dues from fishery related activity in the Sound should accrue to the Fishery Harbour Centre. It is also desirable from a safety and geographical point of view to have the Sound under the jurisdiction of the Fishery Harbour Centre.

The Harbour Master at the Fishery Harbour Centre in Castletownbere estimates that he could have collected £65,000 in 1990 and £47,000 last year in respect of harbour dues from fish factory ships anchored in the Sound. To do this the Fishery Harbour Centre has to be extended to include the Sound.

Briefly, the Bill contains the following provisions.

(a) It defines the seaward limits of Castletownbere Harbour. It provides that Castletownbere Harbour includes the area known locally as Berehaven Sound. This is the sea area within the limits of a straight line from Fair Head to Shee Head on the western side, and on the eastern, a straight line drawn from Furze Point to Roancarrigmore Lighthouse and thence to Carrigranean Island and thence further to Bear Island.

(b) It provides that an Order made by the Minister for the Marine under section 2 of the Fishery Harbour Centres Act, 1968 to extend the limits of the Castletownbere Fishery Harbour Centre to incorporate the Sound will not be subject to the procedures outlined in section 2 (6) of the 1968 Act. This will dispense with the requirement to publish notice of the proposed Order in Iris Oifigiúil or the daily newspapers.

(c) It provides that Bantry Bay Harbour Commissioners will have no powers, functions or duties in relation to the Castletownbere Fishery Harbour Centre.

The extent of Castletownbere Harbour was not defined in the Fishery Harbour Centres Act, 1968. That Act designated a number of Fishery Harbour Centres, including Castletownbere, and provided for their limits of jurisdiction to be defined by ministerial order. However, in the case of Berehaven Sound legal advice available to me concludes that it is extremely doubtful that the substantial sea area of the Sound forms part of Castletownbere Harbour. The legal advice also concludes that amending legislation is required to include the Sound within the Castletownbere Fishery Harbour Centre.

The Bill now before the House addresses this legal difficulty by including the area known locally as Berehaven Sound within the limits of Castletownbere Harbour.

Once the Bill has been passed by both Houses I will then be in a position to redefine by order the limits of the Castletownbere Fishery Harbour Centre to include in it the Sound. This will enable the Harbour Master to collect the harbour dues properly payable in respect of the facilities afforded to the fish factory ships.

There remains the question of harbour dues on commercial activity in the Sound area.

I discussed the provisions of the Bill with the Bantry Bay Harbour Commissioners during the course of my recent visit to Bantry. The Commissioners drew to my attention the fact that from time to time commercial vessels in Bantry Bay Harbour berth in the Roancarrigmore lighthouse area. Once the Castletownbere limits are extended such traffic could then become liable to pay harbour dues to two public authorities — the Castletownbere Fishery Harbour Centre and the Bantry Bay Harbour Commissioners. In order to provide adequately and fairly for this situation I am proposing an amendment to the Bill. My proposed amendment will ensure that a situation such as this does not arise.

I hope this short Bill will command the support of this House.

Mr. Sheehan

A Leas-Cheann Comhairle, first and foremost I would like to thank our spokesperson on marine matters, Deputy Monica Barnes, for giving me the privilege of leading off in this debate.

I welcome the introduction of the Fishery Harbour Centres (Amendment) Bill, 1992. Its primary aim is to extend the powers of the Castletownbere Harbour Master over the waters of the Berehaven Sound to coincide with the seaward limits of Castletownbere Harbour. It was ironic that during all those years since the position of the Castletownbere Harbour Master was established, the holder of the office had no jurisdiction over the waters of the outer harbour, namely, the Berehaven Sound. Consequently the fish factory ships and other huge vessels that were using the port enjoyed the privilege of not being liable for harbour dues, something that they were obliged to pay in other similar ports throughout the world. I can assure the House that it is not before time that this free berthing privilege was terminated and the rightful dues collected by the Castletownbere Harbour Master.

I would also like to get a commitment from the Minister to the effect that the harbour dues collected by the Harbour Master in Castletownbere under the powers conferred on him today by the passing of this legislation through this House will automatically go towards the development of the Castletownbere port facilities and the removal of dangerous wrecks such as the Bardini Reefer etc. which impede the free movement of vessels entering and departing the inner harbour.

The Bantry harbour authority has no objection at any time to this extension of the Castletownbere Harbour Master's jurisdiction over the waters of the said Berehaven Sound. As a Deputy representing the area concerned I welcome this Bill with open arms and I wish to thank the Minister for the Marine for his wisdom and foresight in introducing this long awaited legislation which I have constantly advocated for years on behalf of the people of Castletownbere.

I would also like to put on record that on numerous occasions I had the opportunity of questioning the former Taoiseach, Deputy Charles Haughey, on this very important matter concerning the people of south west Cork and of the Castletownbere Peninsula particularly. I must say that the then Taoiseach was always inclined to listen to my views on this very important matter. I have no doubt but that he probably had a word with the Minister here and advocated the necessity of bringing this legislation forward. I have no doubt that it will be of immense benefit to the fishing fraternity and the fishing industry in Castletownbere.

Before this Bill becomes law I want the Minister to give a commitment that the money collected will be used to upgrade the fishing port at Castletownbere, to remove the sunken wrecks that I have mentioned previously and to improve the entrance to the harbour, given its importance to the fishing industry, the most important industry in that area.

Debate adjourned.