Dáil Éireann debate -
Tuesday, 3 Nov 1992

Vol. 424 No. 8

Written Answers. - Arklow (Wicklow) Harbour Board.

Joe Sherlock

Question:

104 Mr. Sherlock asked the Minister for the Marine if he has received representations from persons (details supplied) in County Wicklow regarding the appointment of a person to the Arklow Harbour Board; if he has satisfied himself that this person was properly appointed in view of the provisions of section 173 of the Harbours Act, 1946; and if he will make a statement on the matter.

Minister for the Marine (Dr. Woods)

I confirm that I have received representations querying the legality of one of the ministerial nominees to the Arklow Harbour Board.

Section 19 of the Harbours Act, 1946 specifies the grounds on which a person shall be disqualified for being appointed, elected or nominated or being a member of a harbour authority. Legal advice obtained by my Department in 1991 confirmed that the person in question was not disqualified under this section for being nominated as a ministerial member of Arklow Harbour Commissioners.

The provisions of section 173 of the Harbours Act, 1946 impose certain restrictions on harbour authorities. That section provides,inter alia, that a harbour authority shall not appoint to an office of profit or employ a person while such person is a member of the harbour authority. I understand that this section is now being fully complied with by Arklow Harbour Commissioners.