The main purpose of the Bill is to raise finance on a commercial basis for the development of Dún Laoghaire harbour. The provisions of this Bill do not and are not intended to interfere with the planning process. It has been reported that this Bill interferes with the planning process and, as a Minister who has practised transparency and openness, I take a serious view of such an unsustainable charge. Notwithstanding that it was unnecessary to do so, I voluntarily submitted the project for planning permission in line with my policy of subjecting all such developments to the full rigour of the planning process. This is in accordance with my philosophy of providing the maximum amount of transparency in respect of all matters within my responsibility in the Department of the Marine and the Department of Defence.
The ferry terminal project was granted planning permission by Dún Laoghaire Rathdown County Council last February. The decision was appealed to An Bord Pleanála and the board is at present examining the appeal. I assure the House I will respect fully whatever decision An Bord Pleanála may make. What is being sought here is a financial facility to allow the project to proceed in the event that the board gives it approval. The enactment of the Bill is strictly without prejudice to that decision.
This development is part of a comprehensive integrated strategy for the development of ferry services on the central corridor. This complex strategy has become necessary in recent times because of modern technology and the state of the art ferries being brought into service. It involves the parallel and complementary development of ferry terminals at Dublin port and Dún Laoghaire and also the additional development of Holyhead.
The central corridor investment involves a number of elements, of which I will list the most important. The first is the introduction by B&I of a new large vessel which is being built at present at a cost of £45 million. This new passenger and freight ferry vessel will substantially increase the existing freight capacity on the Dublin-Holyhead route and will also increase the tourist car capacity. I thank B&I for the manner in which it will introduce the vessel. It is an expensive item but it is important for the future and the complementary development of the ports.
Stena Sealink plan to introduce the first large fast ferry of its kind in the world on the Dún Laoghaire-Holyhead route in May 1995. This is subject to planning permission, as is anything I say which relates to the future. I will accept the Planning Appeals Board decision without reservation, and that cannot be second guessed or gainsaid.
The introduction of this vessel, which is currently being built at a cost of £65 million sterling, will transform maritime transport on the central corridor, reducing the crossing time from three and a half hours to one and three quarter hours. This will provide major benefits for tourism and trade. These new state of the art vessels will put the central corridor at the forefront of modern ferry technology and services.
The main elements of the Dún Laoghaire ferry requirements include a dedicated berth to be provided for the HSS vessel and improved passenger facilities, which means infilling an area of 1.5 hectares to provide additional operational area. Due to the new technology and the new HSS vessel this area is two hectares smaller than that envisaged earlier. Previously, a far greater infill was intended and we should be grateful that the area necessary has been reduced. It is more efficient, more realistic and environmentally more acceptable to the confirmation of Dún Laoghaire harbour.
The HSS has been compared to a stadium to frighten people and to give an idea of what appears to be its excessive size. It is important to remember the new vessel is approximately five meters shorter in length than a conventional ferry such as the Hibernia. Where it does differ is that it has a broader stern, 40 metres as opposed to 21 metres. That is 20 paces in layman's terms and in my terms, because I am also a layman in this instance.
Concern has been expressed that up to 150,000 trucks a year would come through Dún Laoghaire. Present traffic is about 33,000 units per annum and this is projected to increase to about 45,000 over a ten year period. Total RO/RO traffic on the central corridor at present amounts to about 150,000 units, but the vast bulk of this goes through Dublin port. This position will not change, especially because of the proposed introduction of the new B&I super ferry.
Section 2 of the Bill relates to planning issues and has caused rustling in the dovecotes. I find it difficult to understand the way people have read this section, perhaps not deliberately, to condemn the Minister's retrospective rights. Nothing could be further from the truth. I understand and appreciate the concerns expressed, especially those regarding possible retrospective powers.
As someone who lives in Dún Laoghaire and has a love of the harbour, I too would have reservations should this provision have the effect of legitimising acts in the past which were outside the powers of the Minister and which were clearly objectionable from the public viewpoint. I am fully satisfied after extensive legal advice that this is not the case. I strongly advise any organisations concerned about this matter to seek legal advice, which I think will conform with the advice available to me.
The purpose of section 2 of the Bill and the definition of "development" in section 1 is to confirm and put beyond any doubt that the Minister for the Marine may carry out development works at Dún Laoghaire harbour. In particular it will put beyond doubt that the Minister may undertake works under the sea bed. The legal advice available to me is that the Minister for the Marine already has these powers in full. Nevertheless, it is felt prudent to ensure that any risks in this regard should be removed. This will mean the Minister, subject again to planning permission, may proceed with the business of developing the harbour.
There is nothing sinister in this and it is not intended to subvert the planning process or to anticipate the decision of the Planning Appeals Board. It is simply in order to proceed with the business of developing the harbour. This is especially so in view of the major project now envisaged and the financial and economic risks involved for the harbour, the State and the economy generally.
I see this as a national project. Some political soothsayers have suggested that Deputy Andrews has been a representative for Dún Laoghaire and Rathdown for 30 years and wishes to leave a legacy to his vanity as a "last hurrah" in his long representation of this constituency. Naturally, I want to see a development in the constituency; for too many years projects have fallen because of lack of support or because of opposition, which in my view was ill-founded in a number of instances. Here, however, we have a marvellous opportunity to put into place a facility which must be seen in a national context. I am a Dáil Deputy for the constituency and for the time being I am Minister for the Marine. That is coincidental to the coming on stream of this development, but I am proud to be associated with it, both as a Dún Laoghaire Deputy and as Minister, because I believe it is a first class facility in a first class harbour which happens to be in the constituency of Dún Laoghaire.
However, one is never found wanting for begrudgers, so this development is related to the fact that I happen to be the constituency representative. It is said, therefore, that it is solely for that reason that I pursue this terminal project. This is a misrepresentation because that is not my style. I am not that dishonest.
The provisions in sections 1 and 2 in this regard relate solely to Dún Laoghaire harbour and not to other ports or foreshore generally. The reference to foreshore in section 1 is merely a convenient means of defining the seabed area as distinct from the land in Dún Laoghaire harbour.
It has been suggested that the phrase in section 2 (1), "and be deemed always to have had", be deleted. The effect, however, of excluding these words would be to raise a possible doubt about the development activities in the past. As I said earlier, the advice I have is that the Minister already had full powers to undertake all development which has been carried out. However, there is a slim legal doubt which could invite challenge about development on the seabed. I am not aware that any development undertaken in the recent past has been objected to in a serious fashion. This section does not in my view trespass on the public interest in any practical or material way. I appreciate that some people may have serious concerns on the grounds of principle, but that is not a compelling reason for putting forward that point of view in this case. People may put forward their views if they want to because that is democracy.
Concern has also been expressed that for a harbour such as Dún Laoghaire, with its unique mix of commercial and leisure users, there may be exempting provisions in the planning regulations which would allow it to bypass the public consultative process. I would not countenance such a situation. I assure this House that in view of the special sensitivities involved, I will examine this matter in the context of introducing amending harbour legislation in the next session.
I assure the House that all future development in Dún Laoghaire harbour, whether by the Minister for the Marine or by a harbour company to be set up under the proposed revision of the Harbours Act, 1946, will be subject to the full planning process. I want to acknowledge the support of all the political parties in Dún Laoghaire constituency and those representing the former Dún Laoghaire Corporation, which is now the Dún Laoghaire-Rathdown Council. They may have issued a caveat, but nevertheless there has been strong support from the Fine Gael Party, Democratic Left and the Labour Party, which I appreciate. They see it in a community context, in that what is good for the country is good for Dún Laoghaire. As a member of the Fianna Fáil Party, I want to show my appreciation for this unanimous political support for this project from the representatives of the constituency. They know what is happening on the ground and they know that the business people in the constituency want this development.
The car ferry has been in Dún Laoghaire since the middle of the last century, and there is nothing new about this. Is there any reason Dún Laoghaire and Ireland should not have a state of the art harbour to accept a state of the art vessel and to ensure it progresses to the next century? For too long, the facilities in Dún Laoghaire harbour have been a shame to the local community. The first sights of Ireland were the wretched piers. We are now transporting Dún Laoghaire from the 19th century to the 21st century without pausing for the 20th century.
It is important to repeat my assurance to the House that all future development in Dún Laoghaire harbour, whether by the Minister for the Marine or by a harbour company to be set up under the proposed revision of the Harbours Act, 1946, will be subject to planning permission. In particular, I assure the House that any proposals for marina development will be subjected to the full rigours of the planning process and I will ensure full and open public consultation as a prerequisite to any such project going ahead.
I would now like to say a few words about the principal provisions of the Bill. The main purpose of the Bill is to establish a funding mechanism for the development works at Dún Laoghaire harbour. The Bill provides for the establishment of the Dún Laoghaire Harbour (Finance) Board. The Schedule to the Bill contains provisions in relation to the board. The Schedule is well drafted and is understandable. It is not like other legislation which contains gobbledegook and leads, in terms of knowledge, to an inconclusive cul-de-sac. In this instance, the Schedule is well drafted and sets out clearly what must be done. The board shall consist of not fewer than three and not more than five members who shall be appointed by the Minister for the Marine. The board, under the direction of the Minister, has the power to secure the necessary money to defray the expenses incurred by the Minister for the Marine in carrying out the development at Dún Laoghaire harbour.
I would like to refer to the history of Dún Laoghaire harbour. There has been a car ferry terminal in Dún Laoghaire since the middle of the last century. An Act to amend several Acts relating to Kingstown harbour was passed on 20 August 1936. This Act constituted Kingstown harbour and provided that it be governed by the Kingstown Harbour Commissioners. The name was changed to Dún Laoghaire and the functions transferred to the Commissioners of Public Works under the State Harbours Act, 1924. The Dún Laoghaire Harbour Act, 1990, transferred responsibility for Dún Laoghaire harbour to the Department of the Marine.
Legislation is at present being drafted to bring about a major reorganisation of the commercial ports. The new harbours Bill, preparation of which is well advanced, will set up commercial State companies to manage a number of harbours, including Dún Laoghaire. It is hoped to publish the Bill at the earliest opportunity. The harbours Bill is designed to facilitate commercialisation and a more customer responsive service. The main thrust of the legislation will be to relax ministerial control while increasing accountability for operational and financial performance. This might allay the fears of those people who feel the Minister has draconian powers in terms of retrospection. The proposed new Bill, which will subsume this legal mechanism, will lessen the influence of the Minister for the Marine in the harbour while increasing accountability for operational and financial performance.
As I said, the Dún Laoghaire Harbour (Finance) Board will consist of not fewer than three and not more than five members who will be appointed by the Minister for the Marine. The board, under the direction of the Minister, has the power to secure the necessary moneys to defray the expenses incurred by the Minister for the Marine in carrying out harbour development works in Dún Laoghaire. For that purpose, the board may, with the consent of the Minister for the Marine, given with the concurrence of the Minister for Finance, borrow moneys from commercial sources up to a limit of £20 million. The Minister for Finance may make loans to the board in certain circumstances.
The other interesting aspect of this Bill is that it will not cost the taxpayer a red cent. The Minister may by order appropriate to the Dún Laoghaire harbour Development Fund a proportion of the revenues payable from the harbour operations at Dún Laoghaire and with the consent of the Minister for Finance make non-repayable grants to the board. The board is required to keep accounts, such accounts to be audited on an annual basis by the Comptroller and Auditor General. The audited accounts together with the Comptroller and Auditor General's report shall be laid by the Minister before each House of the Oireachtas.
Borrowings by the board may be guaranteed by the Minister for Finance. An annual report must be submitted to the Minister not later than three months after the end of each financial year in relation to the operation of the fund. Copies of the annual report shall be laid by the Minister before each House of the Oireachtas.
This proposed development of Dún Laoghaire harbour is an integral part of the Government's general strategy for the development of the maritime transport sector generally and more particularly ferry services on the central corridor. The Bill facilitates this development. However I must reiterate that the commencement of the project is contingent on the outcome of the planning process.
There has been some suggestion that this development in some way lessens the impact of Dublin Port in relation to its future. I would like to assure those people who are concerned about Dublin Port and its future that I am equally concerned about it. There is a role for Dublin Port, there is a role for Dún Laoghaire and there is a role for Holyhead in the context of the central corridor strategy which the Government is putting in place.
Members may voice concern that the proposed investment in Dún Laoghaire will be to the detriment of Dublin Port but that is not the case. Already significant investment has taken place in Dublin Port. Under the European Union assisted Operational Programme on Peripherality, 1989 to 1993, investment in facilities in Dublin Port amounted to £22 million of which approximately £10 million was European Union aid. This investment covered the lo-lo ro-ro freight and bulk and the acquisition of a tug. Further significant investment is planned under the 1994-1999 National Development Plan. There are other facts and figures that I can give the House arising out of whatever contribution Members may make and any queries they may wish to put me.
