The Government's intention to develop the major fishery harbour centres provided for in this Bill was originally set out in the Programme for Economic Expansion and details of the development plans were published later in various announcements about the programme of sea fisheries development.
The purpose of this Bill is to make statutory provision for the establishment and development of five major fishery harbour centres at Dunmore East, Castletownbere, Killybegs, Galway, and Howth and also to provide powers for the acquisition, by agreement or compulsorily, of lands required for these centres.
The provision of the major fishery harbour centres arises from the need to concentrate our main fishery activities at specially developed modern fishery harbours having adequate berthage, flotation and shore facilities for our expanding fishing fleet. The development of these centres is also essential for the national organisation of the fishing industry and the centralisation of activities in regional areas in the processing and marketing fields.
The selection of the five harbour centres mentioned in the Bill was based on a report made by a renowned Swedish harbour consultant, Mr. Carl. G. Bjuke, who carried out an intensive survey of the Irish coastline and its various ports and fish landing places. His report, which was laid before both Houses of the Oireachtas, was a comprehensive document and provided most useful information and recommendations on plans for fishery harbour development.
Since then, work on the provision of the new harbour centres at Dunmore East, Castletownbere and Killybegs has been in progress at a cost of over £½ million, involving preparatory work, dredging, the re-shaping of harbour areas by reclamation and the provision of new landing and berthing piers. It is estimated that a further £230,000 will be spent at these three centres in the current financial year. Preparatory work has been completed also at the other two centres—Howth and Galway. At Howth extensive dredging is at present in progress and a new design for the Galway major fishery harbour has been adopted to facilitate recent expansion in activity at the nearby commercial harbour centre. The general development of all five centres is designed to be carried out in stages and the work in progress now at Dunmore East, Castletownbere and Killybegs is at stage one. The other stages for which plans are already drafted will be undertaken when there is satisfactory evidence that they are required to meet current or anticipated further growth in the fishing industry.
It was envisaged from the outset that legislation would be required to facilitate the acquisition of land needed for the new harbour works and to set up the machinery for the control and operation of the new harbour centres. The stage has now been reached when it is appropriate to enact the legislation and so this Bill now comes before the House. To facilitate Senators in their consideration of the Bill, I would like to explain in broad terms the various provisions contained in it.
Section 2 of the Bill will empower the Minister for Agriculture and Fisheries to declare and define the harbour areas which are to be established and developed as fishery harbour centres. Orders made under this section will transfer to the Minister's control each of the five harbours named in the Schedule and constitute in him a new and single harbour authority responsible for their maintenance, operation, management and development. The object of acquiring lands adjoining the harbours is to ensure that adequate space will be made available not only for the building of the harbour but also for essential shore-based activities including, for example, fish processing industries.
It is intended to include in a harbour centre only such area of land as will be absolutely necessary for the development of the centre. The effect of a fishery harbour centre order will be to transfer and vest in the Minister for Agriculture and Fisheries the harbour and any land which shall be the subject of that order together with any other assets and liabilities of the existing harbour authority. Existing harbour authorities and their officers will cease to carry out any function in relation to the harbours and for the future the Minister will exercise these functions.
The effect of the orders will be to transfer to me Castletownbere Harbour from Cork County Council; Dunmore East and Howth Harbours from the Commissioners of Public Works; and Killybegs Harbour from Killybegs Harbour Commissioners. The latter will then stand dissolved. In the case of Galway, the new fishery harbour centre will be adjacent to the commercial harbour which will continue to be the responsibility of Galway Harbour Commissioners. The provision in this section relating to the prior consent of the Minister for Transport and Power to the making of a fishery harbour centre order refers to Killybegs harbour and also to Galway commercial harbour in so far as the proposed fishery harbour centre at Galway may impinge slightly on the area within the jurisdiction of Galway Harbour Commissioners.
Safeguards are provided in this section for any person who may be affected by a fishery harbour centre order. This is ensured by the requirement that notice must be given of my intention to make the order and consideration must be given to objections raised. If the objections are not withdrawn a public inquiry may be held.
As I have already said, adequate space will be required at fishery harbour centres to provide for essential harbour and shore facilities. The shore facilities include the servicing of fishing vessels, space for the handling and sale of fish, fish processing industries and also facilities for boat repairs and maintenance. Some land has already been acquired for these purposes at the centres by agreement with the owners but due to difficulties about title in some cases and because of failure to reach agreement or unwillingness to sell in others, it is necessary to seek statutory powers for compulsory acquisition.
Provisions to that effect are made in section 3 which relates to the acquisition of land et cetera in fishery harbour centres held other than by harbour authorities. This section is drafted on standard lines and contains the customary provisions. In addition, there is a special provision whereby land, or rights in relation to land or water used in connection with the operation of commercial shipping or the exercise of the public right of navigation, shall not be acquired compulsorily without the consent of the Minister for Transport and Power.
Provisions are made in section 4 of the Bill to give the Minister for Agriculture and Fisheries the necessary powers to carry out his future functions in the management, control, operation and development of each of the five fishery harbour centres. This section will enable me to make whatever bye-laws are necessary and to make orders fixing rates, tolls and other charges for the use of facilities and services in the harbour centres.
Existing orders, regulations and bye-laws relating to the harbours which are in force at the time of transfer will continue to apply to the harbours in question until they are amended or revoked. In addition to having the responsibility of providing adequate facilities at each centre for the sale of fish landed at the centres, the section will enable the Minister to require that fish landed at the centre be offered for sale at the centre and will also enable him to specify the manner in which sales shall be conducted. Whether it will be necessary to use any or all of these powers will depend on the circumstances obtaining from time to time.
It will be obligatory on the Minister to publish notice whenever he intends to make orders or bye-laws relating to the future management and control of the five harbour centres. He must also state the purposes for which they are to be made. The customary period of 21 days is specified within which interested persons may submit objections to the proposed instruments and consideration must be given to any objections raised. Having considered the objections, the Minister may make the order or bye-law with or without modifications as he may think proper. Notice of the making of the order or bye-law must be published in Iris Oifigiúil. The usual provision is also made for penalties on persons or bodies who contravene orders or bye-laws or who may be involved in such contraventions.
In section 3 provision is made whereby the Minister may with the consent of the Minister for Finance delegate any one or more of his powers relating to the acquisition of land in fishery harbour centres to the Commissioners of Public Works. As it may also be convenient and economical for the Minister to delegate some of his powers and functions relating to the management, control and maintenance of any one or more of the five harbour centres, a similar provision is made in section 4 of the Bill.
To facilitate financial control and accountancy in the provision and operation of the major fishery harbours, the Bill establishes a special fund to be known as the Fishery Harbour Centres Fund. The account of this fund, which will be audited by the Comptroller and Auditor General each year and laid before each House of the Oireachtas, will indicate the annual income and expenditure related to the fishery harbour centres. All moneys received in respect of rates, tolls and other charges and the non-repayable grants referred to in section 7 will be paid into this fund. Out of the fund will be paid all outlay and expenditure in connection with the operation of the harbours.
The five harbour centres—Dunmore East, Castletownbere, Galway, Killybegs and Howth—are reasonably well distributed around the coast. With the good berthage, shelter and flotation which they will give to our growing fishing fleet together with the first-class shore facilities which they will offer for fish processing and ancillary industries, I am satisfied that they will assist considerably in the expansion and economic development of our sea fishing industry in general.
I recommend the Bill to the House for its approval.